Child’s Best Interests Prevail in Dubai Relocation Case

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Planned Dubai relocation with child was pragmatic, but not in child’s best interests
The family and children team at Osbornes Law represent clients in child arrangements and child relocation matters.
International employment is increasingly common in our modern society, but it can also raise difficult challenges for co-parents following a separation. Any parent considering a move abroad to work, should consider the implications for any child involved.
Recently, a mother was prevented from relocating with the parties’ son to Dubai where her new husband was working.
What’s the background?
In SA v JR [2025] EWFC 279, the parties separated 6 months after the birth of their son in 2019, but had since maintained consensual child arrangements. When their son was around 2 years old, the mother met someone else and they married 2 years later. The stepfather went on to become an important part of the child’s life.
In late 2024, the stepfather was relocated to Dubai and the mother asked the court for permission to relocate there with her son. The father opposed the move, wanting the son to remain in England under a 50/50 shared care order which would see the child spend one week with his mother then one week with his father.
The court recognised that the mother and her husband’s proposal for relocation had been well planned and had not been motivated to limit or restrict the father’s relationship with the child. However, the decision had been made knowing the mother and son might not be able to follow – it was a risk the mother accepted she had taken.
The judge decided it was in the child’s welfare interests to refuse permission to relocate, even though it was “a pragmatic plan with genuine motivations”. His reasons included:
- The move was not required for financial reasons. While it would improve their financial situation, the net effect was relatively modest.
- The move was not justified because of environmental circumstances. The judge acknowledged that there may be a stark distinction between London and Dubai but did note the broader cultural benefits of growing up in London. Further, the child was of mixed heritage which the judge said was “unlikely to be replicated in Dubai”.
- The child’s primary relationship was with his mother, but he had an important bond with his father. Relocating him to Dubai would have a significant and negative impact on that relationship and it would not meet his emotional needs.
- If relocation was permitted, the child would spend around 45 nights per annum with his father compared to the 100 or so nights he spent with him whilst he lived in England.
- Relocation would also impact other significant relationships with family, including the boy’s paternal half-siblings.
- The family’s move to Dubai was not a necessity – in fact the stepfather had actively pursued the post and given up his employment to do so.
Workable outcome
The judge decided that the separation between the family could be made to work. The distances between London and Dubai were manageable and permit regular travel between the two jurisdictions. “This is a state of affairs which is by no means unique,” the judge observed.
The status quo would continue for the most part with the child continuing to live with his mother. However, holiday arrangements would be modified, enabling the son to be taken to Dubai for at least 9 weeks every year.
How we can help
If you’re considering relocating abroad for financial or other reasons and it could impact a child, it is important to take expert legal advice before taking any steps – the case above is a clear example of why this is so important.
If you need advice, our specialists family and child relocation solicitors, can help you. Please contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811.
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