How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1432
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
Type Your Family Law Question Here...
ukfamilysolicitor is online now

We are UK citizens but reside in Dubai with our two children

This answer was rated:

Hi, we are UK citizens but reside in Dubai with our two children Arabella 9, Sebastian 4. Currently in the UK for the summer, my husband and my inlaws are denying access to my belongings and my daughter. I have my son. They have been abusive and the police have been involved on Friday evening. The police said as it was the grandparents who were abusive to me and i did not want to press charges my daughter was deemed safe in the property as my husband was there. I took a hotel with my son in only the clothes we were wearing and my purse. I contacted my husband the next day to ask when i could meet to see arabella and pick up my things. I was told I was not welcome he would tell me when he would contact me to let me know when i could see my daughter and when i could have my belongings. That phone call was 10:30am on Saturday I still have not heard anything from my husband and I am afraid to contact him or his parents. It was made very clear to me I was not seeing my daughter and could not have access. What rights do I have as a mother in the UK please to have access to my daughter? Many thanks for your advice in advance. My husband has both children's passports. We are due to fly back to Dubai not he 21st August. My immediate concern is to have access to my daughter again and have her with us again. Kind regards, Amanda
Hello Amanda
Thank you for your question. I am a English Family Solicitor and will try and help. I am sorry to hear about your current difficulties with your husbands family.
I note that you state that you reside in Dubai but are both UK citizens.
Please can I ask:
1) are you planning to return to Dubai and reside as a family with your husband ?
2) are you concerned that your husband might return to Dubai without your knowledge ?
Customer: replied 2 years ago.

Hello, thank you for your response. The argument my husband and I had would not have altered my desire and wish to be married to Jonathan however, what has happened over the last couple of days has made me question if I want to remain married to him. My immediate concern is access to my daughter. Ideally yes we would all return to Dubai as this has been our family home for many years and the children were born there and are both at school here. There is an outside concern that Jonathan would take Arabella back to Dubai without my consent. Unfortunately as we have our own company in Dubai my visa and the children's are all under Jonathan's so he could ban me from Dubai with a simple phone call to immigration. Priority is my daughter, 4 nights now with no contact. Many thanks, Amanda

Thank you for your response.
You need to speak to your husband ASAP to find out what his intentions are. If you decide to reconcile and return as a family then there will little that the English Courts can do in relation to seeing your daughter for the short while you are here if you are all going to return to Dubai.
I am however very concerned to read that your husband has all the passports and that your entry to Dubai could be barred if your partner was to make one phone call to immigration.
If your partner doesn't respond to your attempts to contact him and you are concerned that he will leave the country then you should consider making an URGENT application to your local family for a prohibited steps order. You will need to complete Form C100 which you can obtain from or your local court. The court fee is currently £215.
A prohibited steps order would prevent your partner from removing your daughter from the jurisdiction. You would need to explain that you are currently being denied access, your partner has the passports and he could bar you from entering the country. You should take the completed application form to your local family court and then sit and wait to be heard by the Judge that day if possible. If the Judge makes the urgent order then you need to serve the order on your partner. The court will likely the matter to be heard again in a few days when your partner will have to attend.
There is also the concern that Dubai is not a Hague Convention country. This means that they have not signed up to mutual agreements in relation to dealing with child abduction cases and the return of children. This could make it difficult for you to see you daughter if she is taken to Dubai.
Jurisdiction of the English Courts may become an issue in your case. This is where it is considered as to whether the English Court has the ability to be able to deal with case. The current position is that the child has to be habitually resident in the UK. This requires a degree of permanent. Your husband might argue that the English Court doesn't have jurisdiction. Jurisdiction is a complex issue and will be considered on the facts of each case. Given that you could be barred from entering Dubai to see your daughter then you need to make the application to the court.
You should deal with matters quickly.
Kind Regards
I would be grateful for a positive rating as I am new to this service.
Hello Amanda
I would be grateful if you could respond to confirm that you understand the urgent information that I have provided to you.
Kind Regards
ukfamilysolicitor and other Family Law Specialists are ready to help you