UAE to Scotland - the impact of a move for families affected by international conflict

Despite the fragile ceasefire, the conflict in the Gulf has led some British expat families to leave the United Arab Emirates (UAE) quickly for reasons of safety, moving to stay with family remaining in the UK.  

Understandably, the decision to leave may be unplanned and made quickly. It could also lead to a situation where some of the family leaves with children, but a parent with secure employment stays behind. 

While the tax consequences of those departures and return to the UK will be a consideration for those relocating, a pressing and less obvious tension may arise where children are involved and the return to the UK becomes permanent. 

When a family returns to Scotland from the United Arab Emirates (UAE) and one parent remains abroad, disputes about where the children should live can have serious legal and emotional consequences. The situation often becomes complex because it involves differing legal systems, and potentially conflicting cultural expectations.

One of the key issues is whether the children’s removal to, or retention in, Scotland was lawful. Under the Hague Convention on the Civil Aspects of International Child Abduction (to which the UK is a signatory, but the UAE is not), a parent cannot usually relocate children across borders without the other parent’s consent or a court order. In the current situation, the move itself may be agreed by the parents, but the issue of when the children should go back is not.

Because the UAE is not a party to this convention, Scottish courts cannot rely on the usual international mechanisms for returning children. Instead, the case must be considered under Scottish family law, with the court deciding what arrangement is in the best interests of the child. This can include determining where the children should live, how contact with the other parent should be maintained, and whether international travel for visits is appropriate. In determining what is appropriate, it may prove difficult in the current circumstances for a Scottish court to make an order which involves travel of a child to a country where travel restrictions are in place.

Emotionally, these disputes often place children under considerable stress. They may face the loss of regular contact with one parent and uncertainty about their future. Both parents will undoubtedly face emotional difficulty where they are left unable to see their children or are fearful about being forced to a return home while international conflict is ongoing.

On a practical level: -

• Reaching a cooperative resolution is preferable. Mediation and specialist cross-border family advice can help parents negotiate workable arrangements.
• Find two lawyers (one for each of you) who can work together and understand international family law.
• There are creative ways to address issues as a family away from court, such as collaborative meetings with lawyers and arbitration (a decision-making process which is private).
• If agreement fails, the Scottish courts will decide based on the child’s welfare above all else having regard to the children’s views.

As with most challenging family situations, some early advice and guidance is advisable.  

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