FD25P00001 - [2025] EWHC 892 (Fam)
Family Division of the High Court

FD25P00001 - [2025] EWHC 892 (Fam)

Fecha: 10-Abr-2025

Father’s Evidence

Father’s Evidence

8.

The father has filed four witness statements. The first two are long and repetitive. I briefly summarise his written evidence.

9.

The father sets out the background to their relationship. He states that a few weeks after the mother moved into his home, she was emotionally and psychologically abusive towards him. He says she was controlling. She would regularly check his mobile telephone. He complains her relationship with her mother was unhealthy and this impacted on their relationship. He alleges sexual abuse. He says they went on holiday to Dubai and in May 2022 moved there. When the mother discovered she was pregnant she wanted to return to the UK to give birth. He charts a difficult time when the mother was in England before and after the birth. He returned to Dubai to work after the birth in July 2023 and returned in November 2023 to take S and his mother to Dubai to live. He says threats of abuse continued to be made by the mother in Dubai. Matters came to a head when there was a disagreement on 15 November 2024. He alleges the mother threatened to throw a glass at him and he felt intimidated and threatened. He sets out the mother flew to the UK and then cut off video contact between him and S on 4 December 2024. He arrived on 17 December 2024 to England and was arrested by the police. The mother had alleged a range of domestic abuse.

10.

He then sets out why he believes S was habitually resident in Dubai. I need not document that in any detail given it is agreed. The family lived in a three bedroom apartment of 1940 sq ft. He said Dubai was safe and supportive for S. S enjoyed swimming and spending time with his paternal grandfather (who lives with them) a cousin and his sister’s family. He was registered with a doctor and had had surgery to remove a cyst. He described S’s routine and the fact he had been offered a nursery place.

11.

In his second statement he disputed the mother’s description of him as sexist, homophobic, racist and violent. He sets out detailed protective measures. He sets out his understanding of the UAE judicial and legal system. He restates again why he considers S habitually resident in the UAE. He gives evidence that S is deeply rooted into Dubai life.

12.

He explains his welfare concerns about S being in his mother’s care. He has a negative view of the mother’s approach to education and feeding amongst other issues. He references a large scratch on S’s face and what he considers to be the mother’s inadequate explanation for it. His witness statement documents his allegations of the mother’s aggressiveness during S’s care routines.

13.

He gives detailed written evidence denying the allegations made by the mother. He denies allegations of controlling behaviour and denies allegations in respect of S. His second witness statement reiterates the domestic abuse he says he has suffered had the hands of the mother. He describes it as psychological, financial, physical, sexual and emotional abuse.

14.

He describes his indirect video contact with S and accepts it is difficult to keep a small boy engaged for 30 minutes, noting S is distracted after around ten minutes.

15.

His third witness statements explains his means. He earns £ 2 200 per month in his Dubai based employment. Additionally he receives a £ 450 - £ 665 monthly bonus. He also sells cars and his counsel told me he earns around £ 2 000 per month in this role (although this is not in evidence). His evidence is that he is able to afford all the protective measures he offers.

16.

The father is a qualified English solicitor. He explains he was employed by M Solicitors but left their employ in or around July 2021. He retains a consultancy position with them and over the last four years has earned around £ 12, 000 in this role.

17.

His fourth witness statement explains how it came to be that the mother was described as working for Etihad Airlines when she was granted her UAE residency permit. He says the listing of the airlines was purely administrative and did not imply she was employed by them. He says the visa was arranged by a third party agent.

18.

The protective measures offered are set out in his evidence as follows:

a.

To provide a one bedroom furnished apartment and pay six months rent in advance;

b.

He will pay £ 165 towards utilities;

c.

He will pay monthly child maintenance for S in the sum of £ 220;

d.

He will arrange suitable temporary accommodation until the mother can rent the one bedroom flat;

e.

He will pay the cost of one way flights for the mother and S to Dubai;

f.

He will not institute or voluntarily support any civil or criminal proceeding arising out of S’s abduction;

g.

Not to make any without notice applications before the Dubai family court pending the first on notice hearing;

h.

Not to attend at the airport the day the mother and S return;

i.

On the basis of no admissions, not to threaten violence, intimidate, harass or pester the mother;

j.

Not to remove S from the mother’s care until further order of the UAE courts;

k.

Not to contact the mother other than in relation to contact with S or urgent welfare matters and in those circumstances via an agreed communication platform;

l.

Not to cancel the mother’s visa to enable her to obtain employment.

19.

Mr Bennett’s position statement sets out the following:

a.

Paying 3 months child maintenance, cost of utilities and house-hold expenses in advance upon arrival (I add that I am not entirely clear whether six months or three months is offered up front and exactly what this encompasses);

b.

Medical insurance for the child and mother for 12 months;

c.

Full payment of the mother’s visa extension for one year following any Islamic Divorce;

d.

1000 AED to seek legal advice from a UAE legal firm – the father considers that the average costs for a consultation range from 250-500 AED per consultation.