UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
• whether expert or social assessments are ordered. Urgent applications concerning travel permission or a temporary travel ban may be dealt with on an expe - dited basis. A fully contested relocation or custody dispute may take several months, and longer if the judgment is appealed. The particular circumstances of the case and the court in which proceedings are brought therefore have a significant effect on the over - all timescale. 2.3.10 Primary Caregivers Versus Left-Behind Parents There is no express statutory relocation presump - tion automatically favouring either the parent seeking relocation or the parent opposing it. Under the Fed - eral Personal Status Law, the existing custody and guardianship arrangement will be relevant. Under the Federal Civil Personal Status Law and the Abu Dhabi civil family law regime, both parents generally have equal rights under joint custody. The court will assess whether the proposed relocation serves the child’s best interests, taking into account the child’s care, stability and continuing relationship with both parents. 2.4 Relocation Within a Jurisdiction Federal Decree-Law No 41 of 2024 expressly requires consent or court permission for travel outside the UAE; however, internal relocation must still serve the child’s best interests and may affect custody if it harms the child or disrupts contact with the other parent. Under Federal Decree-Law No 41 of 2022, and in Abu Dhabi under Law No 14 of 2021, an internal move that materially affects joint custody should be agreed between the parents or determined by the court. The court may consider whether the distance will affect the child’s stability, schooling or transport arrangements and the other parent’s involvement, particularly where the parents have agreed or court- ordered contact arrangements. Under the Federal Personal Status Law, a custodian’s move may become an issue where it prevents or seri - ously restricts the guardian’s ability to exercise rights relating to the child. The court will consider whether
the proposed residence is suitable and whether the move serves the child’s best interests. Under the Federal Civil Personal Status Law and the Abu Dhabi civil family law regime, a parent who objects to an internal move may apply to the compe - tent court where the relocation would disrupt the joint custody arrangement or materially affect the child’s relationship with that parent.
3. Child Abduction 3.1 Legality
A parent who removes a child from the UAE without the consent required under the applicable custody, guardianship or joint custody arrangement may face legal consequences before the UAE courts. The other parent may seek urgent protective measures, including a travel ban, custody-related orders or other appropri - ate relief, depending on the circumstances and the applicable legal regime. The position will depend on matters such as whether there was an existing court order or settlement agreement, whether the child was taken permanently or temporarily, and whether the removal was contrary to the child’s best interests. Article 116 of Federal Decree-Law No 41 of 2024 regulates travel outside the UAE with a child in cus - tody. Article 252 provides that a custodian who takes a child under custody outside the UAE without the permission of the child’s guardian or the court may be punished with imprisonment and/or a fine of between AED5,000 and AED50,000. The same Article also applies where the custodian uses a document or copy thereof belonging to the child, or benefits from it, with - out rightful cause. Article 251 deals separately with misconduct by per - sons responsible for managing the affairs of a minor or the like, including misuse of the minor’s property or documents and unjustified refusal to hand over the minor’s documents, accounts or related materials. It should therefore be distinguished from Article 252, which specifically addresses unauthorised travel out - side the UAE with a child in custody.
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