Families facing the stress of a child being snatched and taken to another country by a parent can take heart. A recent High Court case shows that the English courts will not shy away from making judgments against parents in these circumstances, even in the face of diplomatic and practical barriers.
This case is interesting as the child involved is 21.
Amina Al-Jeffery is a British citizen born in Wales where she lived until she was 16 years old.
Amina claimed that she was taken to Saudi Arabia by her family in 2012. She thought that she was going on holiday but has been kept in Saudi Arabia against her will. Amina states that she has been kept in a 'cage'. The Judge found that she had been deprived of her liberty.
To emphasise the cultural complexity of the case, her father claimed that he was 'protecting' her as he felt that she was behaving in an 'un-Islamic' way.
The Judge ordered that Amina must be returned to the UK.
The lawyer acting for Amina said:
'This is a landmark decision of Mr Justice Holman. It demonstrates the ability of the courts of England and Wales to make orders to protect British citizens who need help and rescue from situations of peril when abroad. Ultimately this decision demonstrates that the courts will take steps to protect the fundamental rights of British citizens, wherever in the world they may be.
Our focus now must be to ensure that Amina is returned by 11th September 2016 as the judge has ordered.'
The decision has been described in the legal press as a 'landmark judgment'.
Whilst it is thankfully the case that most abduction cases do not require High Court proceedings; the case is a reminder of the complexity surrounding children of parents with differing nationality.
If you are in such a situation, you may be well advised to take legal advice as to your positon and that of your child before the child leaves this country, if your relationship with your partner or spouse has broken down.
To discuss this or any other family related issue, contact us.