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Return of child to Iran blocked

M (A Child) (Wardship)

Amanda Dench successfully defended proceedings issued by an Iranian father for the return of a child to the UAE.

The family had lived together in Dubai where the parents’ marriage had broken down. The father refused to divorce the mother and subsequently convinced the family to travel to Iran where the mother and child’s passports were seized.

The mother and child were able to escape to the UK where they claimed asylum. The father proceeded to make numerous false criminal complaints against the mother in Iran including for apostasy and conducting an illicit sexual relationship.

We successfully defeated the application for the child’s return on the basis that there was insufficient protection in the UAE to safeguard the mother and child against the criminal sentences that had been passed against her in Iran.

Further, we argued that the father was not pursuing the English proceedings with due diligence, and was simply using them as a fishing expedition for information to use against the mother in Iran.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

Amanda Dench, Miles & Partners Solicitors, London

Amanda Dench


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