FD25P00001 - [2025] EWHC 892 (Fam)

The father and mother met in April 2019 and in July of that year entered into an Islamic marriage. The mother moved into the father’s family home in November 2019. They travelled frequently, often to Dubai but also to Pakistan, Europe and the USA. They moved to Dubai. The father says they agreed to move. The mother says she agreed to visit for a holiday and was then required by the father to remain there for longer than she wanted, losing her employment in England. In June 2023, S was born in England. The mother had returned months before the birth to access healthcare in England. The father has parental responsibility for S; he is named on the birth certificate. On 17 November 2023 the parties and S travelled to live in the UAE, in the Emirate of Dubai. They obtained two year permanent residence permits on arrival. Between 3 June 2024 and 25 July 2024 the mother and S were in England for a long holiday. On 2 December 2024 the mother and S travelled from Dubai to England ostensibly to celebrate the maternal grandmother’s birthday. The mother then unlawfully retained S in England without the father’s consent. It is accepted between the parties S was habitually resident in the UAE on 2 December 2024. It is accepted the mother did not have the father’s consent to relocate S to England and Wales and the retention was therefore wrongful. When the father returned to England on 19 December 2024 he was arrested and made the subject of bail conditions. The mother and S have lived with the maternal grandmother in the north of England since. The father has returned to work in Dubai.