Thursday 20 October 2022
By an Appellant’s Notice filed at this Court on 19 August 2022, this is an application for permission to appeal the decision of Poole J, sitting in the Family Division, dated 29 July 2022. The applicant mother seeks to appeal the decision to order the return of the children to the UAE.
The case involves 2 children who were both born in Britain but they have otherwise lived all their lives with their parents in the UAE (subject to the following).
The parents married within the UAE, but separated in 2018 and the children lived with the mother at her parents’ home, spending time in their father’s sole care during school holidays and at weekends. In October 2021, the mother travelled with the children to England. She wished to renew her biometric residence permit. Return flights were booked for return within two weeks but the mother retained the children in England. It is alleged that there were a number of agreed and arranged return dates thereafter but the mother did not honour them.
The judge directed that the children are to be returned to the UAE by the beginning of the school term if possible, or in the alternative, by no later than 23:59 on 23 September 2022 and are to be returned in the care of the mother.