First-ever enforcement of Scottish child aliment order in UAE confirmed

Fiona Rasmusen

The case concerned a Scottish mother seeking to recover court-ordered child maintenance from a father based in the UAE. With no reciprocal enforcement arrangement in place between Scotland and the UAE, there was no established legal route to recognition or enforcement. Working with a legal firm in the UAE, Gibson Kerr succeeded in having the Scottish order registered in the UAE and enforcement action taken there — a result the firm has been told is without precedent.

The father subsequently appealed, taking the matter as far as the UAE legal system permits. That appeal has now been refused.

The absence of a reciprocal maintenance enforcement framework between Scotland and the UAE has historically left Scottish creditors in a difficult position. Where a paying party relocates to a non-reciprocal jurisdiction, the practical value of a Scottish court order can appear limited. This case demonstrates that assumption is not always accurate.

Through coordination between Scottish proceedings and UAE legal process, the firm was able to identify a viable route to registration and enforcement where none was previously thought to exist.

Fiona Rasmusen, the solicitor who led the case at Gibson Kerr, said: “This process required a great deal of persistence by our family law team and by our client.  International child support enforcement can be emotionally and financially exhausting for parents caring for children in Scotland. Achieving recognition of the Scottish order in the UAE gives our client a meaningful route toward securing ongoing support for her child.”