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15 March 2024
Issue: 8063 / Categories: Case law , In Court , Law digest
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Law digests: 15 March 2024

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Family

Re: R and Y (Children) [2024] EWCA Civ 131, [2024] All ER (D) 04 (Mar)

The Court of Appeal, Civil Division, allowed an appeal of the mother from a decision of a trial judge making an order for summary return of two children to the UAE. The parents married in the UK but lived and worked in the UAE. The children of the parents were born in the UAE. While the family were on holiday in the UK, the mother contacted the police and made a number of allegations against the father, including financial abuse, controlling and coercive behaviour, sexual assault and rape. The father was arrested and the family did not return to the UAE. The father started proceedings for an order under the High Court inherent jurisdiction, seeking the summary return of the children to the UAE. The order was made and the mother appealed. The findings made in a previous fact-finding judgment lay at the heart of the appeal. The judge made findings including findings of physical abuse

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