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Family Law

Family Law and Sharia Law

By December 20, 2015No Comments

This article concerns the relationship between Family Law and Sharia Law. If this is something that concerns you, please do not hesitate to contact Alliance Family Law us on 6223 2400 for your free initial half hour conference.

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Family Court Sharia Law Custody Stoush between UAE Father and Australian Mother

Sunday Mail Brisbane December 20 2015. Kay Dibben writes:

A Family Court Judge decide a wealthy father from the United Arab Emirates could not take his Australian-born daughter to Dubai, and invoke sharia law to stop her mother seeing her again.

The Brisbane judge ordered the child live with her Australian mother, barred the father from taking her out of Australia and ordered he only have supervised visits with her in Queensland.

But now, two years after that decision, the case is heading back to court, after the Emirati father partially won an appeal this month in the Full Court of the Family Court.

The Family Court heard the father, in his early 40s, was a “man of significant wealth’’, who was part owner of family companies in Dubai, but spent months in Queensland.

The Australian-born mother, who had substantial Australian property and cash assets, met and married the father while working in the UAE.

The couple lived in Dubai for six years and the child had Australian citizenship and UAE nationality. When the family came to Australia for a stay two years ago, the mother obtained an apprehended domestic violence order.

The couple separated that day and the father appealed. He wanted court proceedings over parenting issues to be resolved in Dubai.

But the mother told Family Court Justice Michael Kent if the father was allowed to spend unsupervised time with their daughter he would attempt to take her to the UAE.

He would then invoke sharia law and she would never see her child again.

The father denied making such threats, but the judge accepted the mother’s evidence.

The mother, who converted to Islam when she married but is no longer a practising Muslim, said she feared persecution if she returned to the UAE.

Justice Kent said he was not satisfied that the risks identified by the mother could be eliminated by making a court registered agreement in Dubai, as the father suggested.

He said the child needed to be protected from the harm of being permanently removed from her mother.

However, the Full Court found Justice Kent did not give adequate reasons for ordering the father’s Australian visits with his daughter be supervised.

It ordered a new hearing before a different judge to determine how much time the child should spend with her father, and if it should be supervised.

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