Family Solicitors

A mother from London is launching an appeal to Dubai’s ruler, after being handed a one-month suspended jail sentence for kidnapping her own son by a court in Dubai last week.

Asfana Lachaux, aged 46, from Poplar in east London was convicted of kidnapping her four-year-old son after his father was awarded custody by a Sharia court. She was found guilty of failing to bring her son Louis to a parental access meeting with her former husband in March 2012.

She has said she did not attend the supervised meeting because of concerns over her safety.

Mrs Lachaux married her husband in 2010. Her former husband is a French national who works as a currency dealer in the United Arab Emirates (UAE). She claims he became violent towards her and as a result she left the marriage shortly after the birth of their son, taking their child with her.

Mrs Lachaux has claimed that her husband threatened her, which he denies.

However, as a result of the alleged threats, Mrs Lachaux claims she and her son went into hiding for a year.

It is reported that Mrs Lachaux’s former husband had taken their son from her last October, after tracking him to a private park where he was playing under the care of a family friend. Mrs Lachaux had been granted temporary custody of their child during divorce proceedings. He has not seen her son since her husband took him from the park last year.

It is reported her former husband has launched an action for defamation against his former wife over the allegations of domestic violence.

Mrs Lachaux is appealing to the ruler of Dubai for clemency following sentencing last week. She had previously appealed to Britain’s Foreign Secretary William Hague for help, but the Foreign Office responded by saying it could not interfere with the judicial process.

Mrs Lachaux has attempted to leave the UAE to return to the UK, but is currently facing a travel ban. However, she could now face deportation back to the UK – but without her son. Her former husband has asked the authorities in the UAE to confiscate her passport and he now has sole custody of their son. He has alleged in court papers that Mrs Lachaux was a “neglectful” mother.

Mrs Lachaux – who is of Bangladeshi origin – says that no one explained to her how failing to attend the access meeting with her former husband over concern for her own safety could result in a charge of kidnapping.

“Because I didn't go to that one visit – which is a breach of the court order – I'm actually being charged with kidnapping, “she said.

“I don't understand how that becomes kidnapping and no-one's been able to explain that to me,” she added.

Mrs Lachaux’s son from a previous marriage, Rabbhi Yahiya, 26, has set up a website in support of his mother – and said that he had also written to government officials in London.

“I'm very frightened and anxious at the moment…,” said Mr Yahiya.

“Their response and reaction in dealing with this long, drawn-out ordeal has been, in my opinion, quite shameful.

“I think that the Foreign Office and the ambassador can do more for my mother in terms of reviewing her case… and just act to protect the rights of a British citizen,” he added.

Speaking to reporters from after last Tuesday’s court hearing, Dubai Mrs Lachaux said:

“If I’m deported, I can never come back to this country and I won’t see my son again until he is 18.

“He’s a small child and should be with his mother. But now it’s as if he’s dead to me.”

Mrs Lachaux claims that police in Dubai never investigated her allegations of domestic violence in her marriage.

Under Sharia Law, Mrs Lachaux was asked to provide three witnesses to incidents of domestic violence in her marriage in court last week. However, two witnesses were unable to give evidence because they did not have the correct ID, according to court officials.

Duncan Lewis Family and Children Law Solicitors

Duncan Lewis is a leading firm of family and childcare law solicitors and can advise on a wide range of family legal matters, including divorce and ancillary payments, child contact and residence, domestic violence, child abuse and child abduction.

Duncan Lewis are also leading Islamic Law Solicitors and can advise on family and childcare matters under Islamic Law.

For expert legal help with family and childcare matters under UK law and/or Islamic Law, contact Duncan Lewis family solicitors on 020 7923 4020.