A family court has denied permission for a mother to relocate her child to Dubai, citing the child’s welfare and the importance of maintaining his relationship with his father.
His Honour Judge Willans made the ruling in the case of SA v JR [2025] EWFC 279 (B); a dispute between separated parents over the future living arrangements of their son, born in 2019. The mother sought permission to move to Dubai to join her husband who had secured employment there in late 2024.
The father opposed the move, advocating instead for a 50/50 shared care arrangement in the UK. The father stressed the importance of maintaining his close bond with his son. He proposed a shared care arrangement if the application was refused and expressed concerns about the limited contact if the child moved abroad.
One of the key legal issues in this case is the fact Dubai is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which meant that if the child were taken to Dubai and not returned, the UK courts would have limited recourse. Although the father accepted the mother’s assurances that she would return with the child if required, the court acknowledged the significance of this legal gap.
Judge Willans took the view the child’s welfare is paramount and that relocation decisions must be based on a holistic evaluation of the child’s best interests. Whilst acknowledging the positive role both parents played in the life of the child, he found the proposed move, while well-planned and motivated by genuine intentions, would significantly disrupt the child’s relationship with his father and paternal half-siblings.
The judge noted that the financial benefits of the move were modest and not compelling. He also found the environmental comparisons between London and Dubai unpersuasive.
Importantly, the court concluded that the child’s emotional needs, particularly the need for regular and predictable contact with both parents, would not be met by the proposed arrangements, referencing for example the limited crossover in school holidays.
Are you considering a move abroad? If so, these FAQ’S will provide you with some initial information:
I want to move abroad with my child: what should I do now?
- Consider whether this move is in your child’s best interests
- Seek legal advice at an early stage
- Come up with a practical plan for the move
What is the process if I have to go to Court?
- Make an application to seek permission to relocate the child
- CAFCASS will file a safeguarding letter, setting out their recommendations
- If an agreement cannot be reached at the first hearing, the Court will make further directions to advance the case to a Final Hearing
- CAFCASS may be directed to do a section 7 report
- Both parties may be directed to file witness statements
- The Court will make an order at the Final Hearing, granting or refusing the permission
How will the Judge decide my case?
- The Judge’s paramount consideration is the welfare of your child
- Whether a move abroad will benefit your child will be considered in light of the evidence presented and with reference to the welfare checklist
If you require further information or advice from our team of specialist family law solicitors, please contact a member of the team.