Refusal of Child Relocation: The Child’s Welfare
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Serena Sandhu
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Refusal of summary return: protecting the child’s best interests
The unauthorised removal of a child to another jurisdiction has become a growing concern as family dynamics shift and relationships break down. While the law in England and in many other countries prohibits one parent from permanently relocating a child without the other parent’s consent, courts do not always order the child’s return, even in cases involving abduction.
The recent case, H (A Child), Re (Refusal of Relocation to UAE) [2025] EWHC 2691, highlights the complexities of international child relocation disputes, where, even in situations of abduction, the court ultimately prioritised the child’s welfare and long-term stability despite the child initially being abducted by the father.
Background
The matter involved G, a five-year-old girl, who had been at the centre of prolonged legal battles since birth. G lived in Dubai with her parents, both British nationals, but spent time in England on holidays. The parents married in 2019, and G was born in 2020. However, the relationship broke down by August 2020, when the parents separated, and the father filed for divorce in December 2020.
The mother sought the court’s permission to relocate with G to England and Wales. In September 2022, a judge denied her request, ruling that it was in G’s best interest to remain in Dubai.
In August 2024, after converting to Islam, the mother initiated proceedings in Dubai’s Sharia courts, which led to an order in November 2024 requiring her to hand G over to the father. The following day, the father travelled with G to England via Turkey, bypassing a travel ban the mother had obtained to prevent G’s removal from the UAE.
On 10 December 2024, the mother filed for the child’s summary return to Dubai in the English court. Meanwhile, on 12 December 2024, the Dubai court also ordered G’s return to the UAE, and shortly after, the father was convicted of kidnap by a Dubai criminal court and sentenced to two months in prison.
English Court’s Decision
The English court accepted that it has jurisdiction and that the applicable test was the child’s best interests pursuant to the welfare checklist.
The judge refused the mother’s application for G’s summary return to Dubai. The court determined that forcing G to return would expose her to on-going emotional harm.
The judge, Mr Justice McKendrick, acknowledged that the father had abducted G, but emphasised that both parents’ actions had been damaging. The judge criticised the mother’s conduct, especially her apparent focus on litigation and gathering evidence against the father, rather than prioritising G’s welfare. The judge described the mother’s behaviour during a Zoom call with G and her own father in July 2025 as “appalling.”
The judge expressed concern that if G were returned to Dubai, she would face more litigation under either Sharia law or proceedings in the local court, with the added risk of further police complaints and travel bans. The judge believed that G’s best interests would be served by remaining in England, where she had settled in and was thriving at school.
While the judge recognised that the mother and G’s relationship would suffer due to G’s relocation to England, the judge concluded that the damage from continued litigation would outweigh any potential harm caused by staying in England. G had been in England for nearly 11 months, and her needs were being met. She was making friends and receiving positive school reports. Uprooting her would be detrimental to her wellbeing. The judge made an order under s8 Children Act 1989 for the child to reside with the father in England, and for the child to spend time with the mother in England. There was a further order prohibiting G from leaving the jurisdiction of England and Wales for two years to prevent abduction or further litigation risks
In addition, the judge made a s.91(14) order, prohibiting both parents from making further court applications without the court’s permission, in an effort to end the prolonged and detrimental litigation.
How we can help
International child relocation and abduction cases are among the most complex and emotionally charged areas of family law. As this case demonstrates, courts will always prioritise a child’s welfare, but navigating cross-border disputes requires specialist knowledge and strategic advice. Our experienced international relocation team at Osbornes Law contains Resolution accredited Children’s Law Specialists and members of the Children Panel. if you need expert legal advise about your options, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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