PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
When a Saudi woman came to the UK on holiday with her son and claimed asylum here, alleging that she had been subjected to serious physical and sexual violence and threats of violence and death by her own family, there was always a strong likelihood that a dispute would arise over whether the child should live with his mother or his father.
The child’s appointed guardian considered irrefutable the evidence that there had been violence against the mother and that this had frightened the boy.
However, the boy’s father promised to protect his wife and child from violence and the boy had expressed a wish to return to Saudi Arabia, although he also wished to live with his mother.
The court was persuaded that the woman faced a real threat of violence and, on balance, concluded that the child should continue to live with his mother in the UK and not be returned to Saudi Arabia.
In cases such as this, the court will always place the wellbeing of the child at the heart of its ruling, and this sometimes involves difficult decisions. For advice on dealing with any aspect of child residence on family break-up, contact us.