Event and Time
Event Description
- Application was filed by the mother seeking a summary order for the return of the child (X, born 2015) to the United Arab Emirates (UAE).
- The child had been living in Australia for five years prior to July 2021 before moving to the UAE with the mother.
- The father absconded with the child from Country E to Australia in January 2022, initiating proceedings to prevent the child's return to the UAE.
Application and Claims
- Mother's Claims:
- Claims the father absconded with the child, unlawfully removing her from the UAE. - Seeks the child’s summary return to the UAE, arguing it is where she now resides.
- Father's Claims:
- Argues for the child to remain in Australia pending a final determination of the custody and parenting arrangements. - Contends there is insufficient evidence regarding the capacity to fairly litigate issues in the UAE.
Judicial Decisions
- The mother’s application for a summary return of the child to the UAE was dismissed.
- The child was ordered to remain on the Australian Federal Police Airport Watchlist and live with the father in Australia while the mother does not live there.
Dispute Points and Legal Basis
Dispute Points
- Mother’s Arguments:
- Claims the child's residency was established in the UAE and her return is in the child's best interests. - Asserts the father agreed to the living arrangements in the UAE and unlawfully removed the child.
- Father’s Arguments:
- Contends that the UAE system lacks the ability to properly litigate future arrangements for the child. - Highlights that as he is an Australian citizen, the child should remain in Australia where both parents can fairly litigate.