THE TELEGRAPH: Britain's highest court allows a Lebanese woman to stay in Britain rather than lose her son.
The law lords ruled this morning ruled that it would be a “flagrant breach” of the European Convention on Human Rights for the government to remove a woman to Lebanon where she would automatically lose custody of her 12-year old son under Lebanon’s sharia family law.
The woman – referred to only as EM – came to the UK on false documents in 2004 with her son, AF, then aged eight. She has had sole custody of AF since birth but fled from her allegedly violent husband in Lebanon because of laws that automatically award fathers physical custody of their children from the age of seven.
Today’s decision reversed earlier rulings by the Court of Appeal, the Asylum and Immigration Tribunal and the Home Secretary that returning the woman and her son to Lebanon would not violate her right to family life despite the automatic separation of mother and child.
The leading judgment was delivered by Lord Hope. His comments on sharia are worth reading in full:
“The appellant came to this country as a fugitive from sharia law. Her son had reached the age of seven when, under the system that regulates the custody of a child of that age under sharia law in Lebanon, his physical custody would pass by force of law to his father or another male member of his family. Any attempt by her to retain custody of him there would be bound to fail. This is simply because the law dictates that a mother has no right to the custody of her child after that age. She may or may not be allowed what has been described as visitation. That would give her access to her son during supervised visits to a place where she could see him. But under no circumstances would his custody remain with her.
“The close relationship that exists between mother and child up to the age of custodial transfer cannot survive under that system of law where, as in this case, the parents of the child are longer living together when the child reaches that age. There is a real risk in all these cases that the very essence of the family life that mother and child have shared together up to that date will be destroyed or nullified. >>> By Joshua Rozenberg | October 22, 2008
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