UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
while joint custody is in effect, neither parent may trav - el outside the UAE with the child by unilateral decision where the other parent objects, unless permission is obtained from the competent court. Travel requires the other parent’s consent or an order of the competent court. Under Article 37 of Abu Dhabi Decision No 8 of 2022, neither parent may travel outside the UAE with the child unilaterally while joint custody is in force. Travel may take place with the written consent of the other parent authorised by the court, or with permission from the judge where the other parent objects. The court may also require sufficient guarantees for the child’s return. Permanent Relocation A permanent relocation abroad is materially differ - ent from a short trip. A permanent relocation abroad should not be undertaken unilaterally where the appli - cable regime requires the other parent’s approval or court permission. The court examines the practical impact of the intended move, including the child’s welfare, stability, education and care arrangements, and the effect on the other parent’s relationship with the child. If the custodian relocates to a place with the intention of residing there, the custody of the child may be forfeited as per Article 115 (c) of the Personal Status Law if the relocation is against the child’s best interests. For families governed by the Federal Personal Sta - tus Law, Article 124 of Federal Decree-Law No 41 of 2024 states that the child’s identification documents may not be used for travel without the guardian’s per - mission or a court order. This sits alongside the rules requiring consent or court permission for travel out - side the UAE. Under the civil family law regimes, both parents may apply for a temporary travel ban to prevent the child from leaving the UAE without consent. This is expressly provided for under Article 22 of Cabinet Decision No 122 of 2023, which implements the Fed - eral Civil Personal Status Law, and under Article 38 of Abu Dhabi Decision No 8 of 2022 on the Civil Mar - riage and Divorce Procedures in Abu Dhabi. Where either parent is concerned that the other may relocate
the child from the UAE without agreement, they may file an urgent application before the competent court, setting out the reasons for the requested restriction. The court will decide whether a travel ban is justified in the circumstances of the case. Once such a ban is in effect, if a parent wishes to travel outside the UAE with the child, they may approach the court requesting the court to allow travel with the child. Please see 2.3.1 Factors Determining an Applica- tion for Relocation regarding the factors considered by the court when determining a contested relocation application. 2.2 Relocation Without Full Consent Where the consent required for relocation is not avail - able, the parent seeking to relocate with the child cannot simply proceed on the basis that they are the child’s day-to-day carer or that the move may benefit them personally. The issue should be resolved through an agreed parental settlement arrangement or, where agreement is not possible, by the competent UAE court. Under the Federal Personal Status Law, where the required written approval of the other parent or, fol - lowing the father’s death, the guardian over the person cannot be obtained, the custodial parent may apply to the court for permission to travel with the child. The court may authorise travel where it is satisfied that the arrangement serves the child’s interests, and may impose conditions to ensure the child’s return. Where the proposed move is intended to be perma - nent, the court will consider the wider consequences of the relocation, including whether it would affect custody, the guardian’s rights or the child’s relation - ship with the parent remaining in the UAE. In deciding whether to permit relocation, the court will assess the circumstances of the proposed move, including: • the reason for relocation; • the child’s age and wishes, where relevant; • education and healthcare arrangements; • housing; • family support in the proposed country;
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