From Al Namani v. Watson, decided last year by Judge Daniel Klau (Conn. Super. Ct.), but just posted on Westlaw:
General Statutes § 46b-115ii bars a Connecticut family court from enforcing a foreign court judgment that is "repugnant to the public policy of this state." Citing this statute, the respondent (Mother) opposes the registration and anticipated enforcement of a foreign child custody determination of the United Arab Emirates (UAE judgment). The UAE judgment states that the petitioner (Father) shall have custody of the parties' two minor child because the Father and the children are Muslim, but the Mother is Christian….. [T]he court agrees with the Mother that the UAE judgment is repugnant to Connecticut public policy and, therefore, cannot be registered or enforced….
The following facts are offered solely for background purposes. The Mother, an American citizen, met the Father in Oman in 2008. The parties married in Tanzania in 2009 and then lived in the UAE. They have two children: Sabriya and Adil, born in the UAE in 2009 and 2011, respectively. Under UAE law, the children are deemed Muslim because the Father is Muslim.
The parties separated in April 2012. Each offers different reasons for the separation. There is no dispute, however, that the children remained with the Mother, who filed for divorce in the UAE in December 2012. The court granted a default divorce in October 2013, after the Father failed to appear. The court awarded custody of the children to the Mother. She subsequently remarried and had another child with her new husband, who was from the UAE. She returned to the United States in December 2018 for a new job. However, the parties' two children remained temporarily in the UAE with the Mother's new husband because the Father obtain ex-parte travel bans. The children eventually moved to the United States in August 2019. They now live with the Mother in Connecticut….
[The UAE] judgment succinctly sets forth the UAE court's reasons for granting the Father custody:
As per the documents and papers, daughter, Sabriya who was born [in 2009], is 11 years old and son, Adil who was born [in 2011] is 9 years old. The plaintiff is still Christian as per the statement of claim; the custody right is for the benefit of the child. The personal Status [apparently referring to the UAE On Personal Status law -EV] stipulates that the custodial patent's [sic] religion shall be the same as the child's religion and her custody shall be until the child becomes five years old whether a male or female. Accordingly, the court cancels her right of child custody of Sabriya and Adil, the father shall be the custodial parent and all alimony and child support shall be cancelled effective from the date of granting him the custody….
