FD25P00001 - [2025] EWHC 892 (Fam)

Mr Allen KC has produced a report dated 31 March 2025. He also answered questions from the mother’s solicitor. He sets out the specific questions he was asked to report on (as approved by Mr Rees KC).

He sets out the background to the UAE legal system. He states family law is in a state of flux as a new law comes into force in April 2025. He explains the new 2024 Personal Status Code which comes into force on 15 April 2025. It will apply to Muslins, Emiratis and residents of the UAE. Default custody provisions will be repealed (e.g. the mother having custody for boys under the age of 11). The new law does not require both parents to agree on overseas travel for periods of up to 60 days but the court can set restrictions on this. He notes the parties could ask that another substantive law applies, such as English law but such a decision would be for the UAE courts. He says outcomes are likely to be the same. He explains the difference between custodians and guardians and notes children will normally reside with their mother but the court can make best interests decisions overriding this. He states in general terms the law supports children having contact with both parents unless there is a good reason to deny contact.

He explains the criminal sanction for child abduction. He sets out the law on domestic violence which came into force on 16 September 2024 which encompasses psychological, sexual or economic abuse and provides for restraining orders. The UAE court can bar a parent leaving the country with a child. UK orders are not recognised in the UAE but can be submitted to be considered. There is no formal process to obtain mirror orders. The UAE is a signatory to the UN Convention on the Rights of Children.

In answer to the specific questions, Mr Allen KC says the following. Child relocation can be the subject of a Dubai court application as it can be in the UK. A disputed relocation case might take around a year to resolve. The factors relevant would include consideration of similar issues as ‘UK’ courts. He explains the Dubai court would approach best interests as a ‘UK’ court would but in the cultural context of Dubai. He says more weight might be given to preserving a child’s religion or in respect of questions of remarriage. Domestic abuse would be considered. He states it would be ‘very unusual’ for a Muslim father to be given custody of a Muslim boy under eleven. He explains the new Law 13 of 2024 on domestic abuse. He notes both parties can make applications for contact orders before the Dubai courts with the court determining this on the basis of the child’s best interests, set within the cultural context of the UAE. A lengthy contested application over relocation could cost tens of thousands of pounds. Mr Allen KC answers a question about coercive and controlling behaviour and concludes the new law of 2014 is wide enough such that the definition of abuse should cover this. He sets out the likely contents of a domestic abuse order.