241 Pizza

“She had a mental breakdown. Her husband was imprisoned for theft from her father’s shop and, later, for failing to support AF.

“He ended her first pregnancy by hitting her on the stomach with a heavy vase, saying he did not want children.

“On the day AF was born he came to the hospital with his family to take the child away to Saudi Arabia, but was prevented from doing so. He has not seen AF since.”

The father retained legal custody of AF, but the divorce court ruled that the child should remain in the mother’s care until he reached the age of seven.

“Thereafter, Islamic law as applied in Lebanon entitled the father to require that physical custody should be transferred to himself or to a male member of his family.”

After the divorce, EM supported herself and AF by running a hairdressing salon. After AF’s seventh birthday, she moved out of her parents’ house and lived in hiding before fleeing the country.

Lord Bingham said: “It appears that, if she returned to Lebanon, she would be at risk of imprisonment on a charge of kidnapping.”

There was unchallenged evidence that Islamic law, as applied in Lebanon, meant that the father retained legal custody of children and the courts had no discretion in the matter.

“As a result, women are often constrained to remain in abusive marriages for fear of losing their children.”

If the father were found to be unfit as a parent, the child would be passed to the paternal grandfather or some other member of the father’s extended family, not to the mother.

In this situation the mother might, or might not, have contact with the child.

Lord Bingham said that in his opinion it was clear that on return to Lebanon “both the appellant’s and AF’s right to respect for their family life would not only be flagrantly violated but would also be completely denied and nullified”.

Explore Law

• Columnists

• Law Panel

• Law Reports

• Student Law

Times Recommends

• BGC 'set aside £40m to lure Tullett brokers'
• Legal aid review to ensure value
• Fears as 21 magistrates' courts face closure