UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
person contact and make it more difficult for the child to participate in ordinary aspects of the left-behind parent’s life, including school events, medical appoint - ments, weekends and day-to-day decisions. The parent seeking relocation should therefore show that the proposed move will not unnecessarily weaken the child’s relationship with the other parent. This may include a clear proposal for holiday contact, video calls, visits to the UAE, travel arrangements, respon - sibility for travel costs and the practical arrangements for handovers. Under the Federal Personal Status Law, the court will consider whether the move would affect the guard - ian’s rights and the child’s welfare. The issue is par - ticularly significant under the Federal Civil Personal Status Law and the Abu Dhabi civil family law regime, because both parents generally have joint custody rights and share responsibility for the child’s upbring - ing. The court may therefore place conditions on relo - cation, in order to preserve meaningful contact with the other parent. The weight given to loss of contact will depend on: • the child’s age; • the existing relationship with each parent; • the distance involved; • the proposed country of relocation; • travel costs; • immigration restrictions; • the ability to maintain regular communication; and • whether the relocating parent has made realistic arrangements to support the child’s continuing relationship with the left-behind parent. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? There is no fixed list of reasons that will automati - cally justify relocation. The court will consider whether the proposed move is genuinely in the child’s best interests and likely to improve or preserve the child’s welfare, stability and long-term care arrangements. A relocation application may be viewed more favourably where it offers the child secure housing, stable school - ing, appropriate healthcare, reliable day-to-day care and a supportive family environment. The court may
also consider a parent’s immigration, employment or family support circumstances, but only to the extent that these affect the child’s welfare. 2.3.7 Grounds for Opposition to Relocation A parent may oppose relocation by arguing that the move is not in the child’s best interests. This may include concerns that the proposed arrangements abroad are uncertain, that the move would disrupt the child’s established routine, or that it would inter - fere with the parent’s existing custody, guardianship or joint custody rights. The court is likely to give greater weight to objec - tions supported by evidence, such as a lack of con - firmed housing, schooling, visa status or employment arrangements in the proposed country, or evidence that the relocation plan is not workable in practice. Under the civil family law regimes, a parent may also argue that the move is inconsistent with the existing joint custody arrangement. 2.3.8 Costs of an Application for Relocation There is no single fixed cost for a relocation appli - cation across the UAE. Court fees differ depending on the competent court, the Emirate and the type of application being made. The overall cost may also include legal representation, Arabic translation of foreign-language documents, legalisation or authen - tication of overseas documents, expert fees where required and the costs of any appeal. An urgent application dealing only with travel permis - sion or a temporary travel restriction will ordinarily involve a different cost structure from fully contested custody or relocation proceedings. Parties should therefore obtain an estimate based on the particular court and procedural route involved. 2.3.9 Time Taken by an Application for Relocation There is no fixed statutory period within which a con - tested relocation application must be finally deter -
mined. The timescale depends on: • the applicable family law regime; • the complexity of the dispute; • service on the other parent; • the evidence required; and
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