When Do Courts Decide a Child's "Home" Is Abroad? Recent Dubai Case Highlights Key Issues for Families

A recent High Court decision has highlighted the complex and often misunderstood issue of “habitual residence” in international child cases, particularly where families relocate abroad and later separate.

In the case of AM v AF (Return Order: Dubai), a family had moved to Dubai for work, with the mother securing employment there and the children living and attending school in the UAE. Following the breakdown of the relationship, the father returned to England, while the children later travelled to England during school holidays.

The father applied to the English court for the children to remain in England, issuing applications under the Children Act. The mother also issued her own application under the Children Act and the court’s inherent jurisdiction.

The court ultimately found that the children were habitually resident in Dubai and should return there.

Why habitual residence matters

In international child cases, the concept of “habitual residence” is central. It determines which country’s courts have jurisdiction to make decisions about a child’s future.

The court will consider a range of factors, including:

• Where the children are living and attending school
• The stability of their day-to-day life
• The intentions of the parents
• The level of integration into a particular country

In this case, the court found that the children’s lives in Dubai had become sufficiently established for them to be habitually resident there, despite their presence in England during the holidays.

Importantly, the court confirmed that a child being physically present in England, even for a period of time, does not necessarily give the English courts jurisdiction if the child is habitually resident elsewhere.

What does this mean for parents?

This decision is a reminder that:

• Short visits to England, including holidays, will not usually change a child’s habitual residence
 • A child’s “home” for legal purposes depends on their settled life, not just their location at a given moment

In this case, although the father issued proceedings in England, the court concluded that Dubai was the appropriate jurisdiction to determine the children’s future.

The role of the English court

Although the UAE is not part of the same international agreement that governs many child return cases, the English court was still able to consider the situation and make a decision.

The court decided that the children should return to Dubai because that is where their lives were based and where decisions about their future should be made.

Would the outcome be different if circumstances change?

Parents may ask if a decision like this would be the same today, given the current conflict involving Iran and the impact across parts of the Middle East.

The court’s decision in this case was based on where the children were living and settled at the time. Dubai itself was not considered unsafe in that context, and safety concerns were not part of the court’s reasoning.

However, the position today is more complex. There is currently heightened regional tension, and official UK guidance advises against all but essential travel to the United Arab Emirates, with reports of disruption and increased security risks across the region.

If a case were being considered now, the court would still begin by looking at habitual residence. That does not change. However, the court also has to consider a child’s welfare, including safety.

Where there is credible evidence of risk to a child’s safety, this can become a relevant factor. It does not automatically change jurisdiction, but it may influence:

• If a return is considered appropriate
• If protective measures are required
• If urgent applications should be made

A change in regional conditions does not automatically reverse a previous decision, but it can alter the legal options available to parents and the approach the court may take.

For that reason, where circumstances have changed or concerns have arisen, it is important to seek specialist legal advice urgently so that the position can be reviewed in light of current conditions.

Andy Kerese, International Family Law Solicitor at Watkins Solicitors, comments:

“International child cases often involve complex questions about jurisdiction, particularly where families have lived in more than one country. It is not always straightforward which court has the authority to make decisions, and this can depend on a number of factors relating to the child’s life and circumstances.

Seeking specialist advice at an early stage is essential to ensure the right steps are taken and that your position is properly protected.”

How we can help

International child cases are complex, particularly where countries such as the UAE are involved.

Our specialist International Family Law team regularly advises parents on:

• Habitual residence disputes
• Child abduction and wrongful retention
• Urgent court applications
• Cross-border family law issues

If you are concerned about your child being taken abroad or retained in another country, early legal advice can make a significant difference.

To speak with a member of our International Family Law team, please contact us on 0117 939 0350 or email info@watkinssolicitors.co.uk.