In Re M (Minors) (Abduction: Peremptory Return Order) (1995)

[1996] 1 FLR 478 : [1996] 1 FCR 557 : [1996] Fam Law 203 : Times, November 20, 1995



Dermot Main Thompson


Court of Appeal Civil Division

Practice Areas

International Children Law


Mother’s appeal against peremptory order for the return of her sons to their father in Dubai refused.


Mother’s appeal against a peremptory order for the return of her two sons aged ten and one to their father in Dubai, their habitual country of residence. The mother and the children visited England once a year to visit her parents but on this occasion the appellant had filed for divorce against her husband who was a citizen of Dubai. The father after giving certain undertakings to the court, had obtained the peremptory order.


The principle underlying the grant of peremptory orders was a principle of international comity from which the courts would only depart in the most exceptional circumstances. Appeal dismissed.


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