UAE Trends and Developments Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
children, the relocating parent may approach the court for a decision. Permanent relocation As per UAE law, a parent must not relocate the chil - dren without the written consent of the other parent. Previously, a father could file a relocation petition to the court if the mother refused to give consent for relo - cation. A mother could object to the relocation on the ground that it could cause harm to her. Until now, such application could only be filed by the father. However, under the new UAE personal status law (ie, the Federal Decree Law No 41 Of 2024 on the Issuance of the Per - sonal Status Law), the sole right of the father to apply for permission to relocate has been removed. This has opened the doors for relocation applications by both parents, as currently the Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the Federal Decree Law No 41 of 2022 on Civil Personal Status, and the Abu Dhabi Civil Personal Status Law neither prohibit nor organise relocation claims from either of the parents. Key points considered by UAE courts when deciding whether to permit relocation When adjudicating relocation matters, the court will consider the financial and psychological circumstanc - es of the parent seeking relocation, as well as taking into account the child’s best interests. The court will also consider other reasons such as: • employment opportunities in the new country; • the relocating parent having immigration issues due to which they are no longer legally permitted to reside in the original country; and • the relocating parent’s desire to live closer to fam - ily. A parent may object to the other parent’s request to relocate the child on the grounds that such a decision could be detrimental to the child or might not be in the child’s best interests. Imposition of travel ban Both parents have the right to impose a travel ban on the child to prevent the child travelling outside the UAE. This is explicitly provided under Article 22 of Cabinet Decision No 122/2023 on the Implementation
of Federal Decree Law No 41 of 2022 on Civil Per - sonal Status and Article 38 of Abu Dhabi Decision No 8/2022 on the Approval of the Regulation of Civil Mar - riage and Divorce Procedures in the Emirate of Abu Dhabi. If either parent is apprehensive that the other party may flee the UAE with the child, without said parent’s consent, they may submit an urgent travel ban application to the UAE courts. Once such a ban is in effect, if a parent wishes to travel outside the UAE with the child, then they may approach the court requesting that the court allow the child to travel with them. Short-term travel Consent is essential when it comes to short-term trav - el with children. UAE law – under Article 116 of the Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, Article 21 of Cabinet Deci - sion No 122/2023 on the Implementation of Federal Decree Law No 41 of 2022 on Civil Personal Status, and Article 37 of Abu Dhabi Decision No 8/2022 on the Approval of the Regulation of Civil Marriage and Divorce Procedures in the Emirate of Abu Dhabi – allows travel with children after obtaining the written consent of the other parent. If the parents are unable to reach an agreement regarding travel or its duration, they may seek an order from the court. Article 116 of Federal Decree Law No 41 of 2024 on the Issu - ance of the Personal Status Law grants both parents the right to travel alone with their children on one or more occasions per year, provided that the total travel period does not exceed 60 days for either parent. This period may be extended if the travel is in the best interests of the children, for medical treatment, or for an urgent need. Custody of travel documents Article 117 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law allows the father – as guardian of the children – to retain the passport of the children, except when they are travel - ling with the mother (ie, the custodian), where he is required to hand over the passport to her. If the father refuses to hand over the passport, the mother may ask the court to order that the passport be handed over to her.
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