UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
• the relocating parent’s immigration or employment position; and • the practical arrangements for the child to maintain contact with the other parent. The court may permit, refuse or impose conditions on the proposed relocation. Under the Federal Civil Personal Status Law, joint custody is the starting point after divorce. Cabinet Decision No 122 of 2023 provides that neither parent may travel outside the UAE with the child by unilateral decision during joint custody. Where there is disagree - ment regarding travel or relocation, either parent may refer the matter to the competent court. A similar approach applies under Abu Dhabi Law No 14 of 2021 and Abu Dhabi Decision No 8 of 2022. Par - ents generally have equal rights under the joint cus - tody framework, and the Abu Dhabi Civil Family Court may make directions regarding the child’s residence, travel, schooling and contact arrangements, and any safeguards required before travel. Before or during proceedings, the parents may resolve the issue through a parental settlement agreement, which may address: • the child’s proposed country of residence; • travel arrangements; • education and healthcare decisions; • handover arrangements; • holiday contact; • online communication; • passport custody; • financial responsibilities; and • arrangements for the child’s return to the UAE, where applicable. A parental settlement may reflect arrangements pre - viously determined in a foreign court order, or may contain arrangements newly agreed between the par - ents. The procedure for recording or approving such an agreement depends on the applicable family law regime. Under the Federal Personal Status Law, the supervising judge may refer the parties to the Family Guidance Department where amicable resolution is considered feasible. However, urgent and temporary
cases are expressly excluded from referral, including urgent and temporary orders concerning custody. If a settlement is reached before the Family Guidance Department and approved by the supervising judge, it has the force of an execution writ. Under the Federal Civil Personal Status Law, divorce proceedings filed under that law are expressly exclud - ed from referral to Family Guidance and are presented directly to the court. Under the Abu Dhabi civil family law regime, Article 39 of Decision No 8 of 2022 expressly excludes civil divorce cases from submission to Family Guidance Committees, and provides that they are submitted directly to the Civil Family Court. Accordingly, the route for approving or giving effect to a parental settle - ment should be determined by reference to the appli - cable legal regime and the nature of the proceedings. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation There is no fixed statutory checklist for relocation applications in the UAE. The court will consider the particular circumstances of the family and determine whether the proposed move serves the child’s best interests. The court is likely to examine the reason for the relo - cation, including whether it is linked to employment, immigration status, family support, education, health - care or other genuine practical needs. It will also con - sider the child’s current living arrangements, school - ing, healthcare, housing and overall stability, as well as the suitability of the arrangements proposed in the new country. A key consideration will be the effect of the move on the child’s relationship with the parent remaining in the UAE. The parent seeking relocation should there - fore be able to show how contact will be maintained, including holiday arrangements, travel arrangements, video calls, the cost of travel and the practical ability of the child to return to the UAE for contact where appropriate.
122 C HILD RELOC AT I ON 20 26
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