UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
3.4 Non-Hague Convention Countries The UAE is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Accordingly, there is no automatic Hague Convention procedure requiring the immediate return of a child brought to the UAE. A parent seeking the return of the child must rely on the applicable UAE laws, any relevant international or bilateral agreement, and the orders of the competent UAE court. Child Removed or Brought From a Foreign Country to the UAE Where the parent seeking the child’s return already has a foreign judgment or order concerning custody or return of the child, they may seek its recognition and enforcement in the UAE under Article 222 of the UAE Civil Procedure Law, subject to any applicable treaty or agreement. The application is submitted by petition to the Execu - tion Judge. Before ordering enforcement, the Judge must verify that: • the UAE courts are not exclusively competent to determine the dispute; • the foreign court had jurisdiction under its own law; • the judgment or order was issued in accordance with the law of the country concerned and duly ratified; • the parties were properly summoned and repre - sented; • the judgment has the force of res judicata; and • it does not conflict with a UAE judgment or order or with UAE public order or morals. Article 222 provides that the Execution Judge shall issue an order within five days from submission of the petition. The order may be appealed. The Judge may also request supporting documents before issu - ing the decision. Where the foreign decision takes the form of an authenticated document or a court-approved settle - ment rather than a judgment, Article 224 provides a separate mechanism for enforcement, subject to the conditions stated in that provision. Articles 222–224 are also subject to any applicable treaties or agree -
The Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law do not contain the same detailed penalty provisions. However, both laws provide that where a matter is not specifically addressed, the relevant laws in force may apply. As a result, a parent who is subject to the civil family law framework and fails to comply with travel, document or custody-related obligations may also face legal consequences under the relevant laws in force. 3.2 Steps Taken to Return Abducted Children The United Arab Emirates is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Accordingly, where a child has been removed from the UAE without con - sent, the left-behind parent would generally need to seek urgent relief in the country to which the child has been taken, relying on the laws and procedures of that country, while also obtaining appropriate cus - tody, guardianship or travel-related orders from the UAE courts where necessary. The fact that the child has been taken to a Hague Con - vention country does not itself create a Hague Con - vention remedy, as the Convention operates between contracting states and the UAE is not a contracting state. Where a UAE custody, guardianship or return order has been obtained, the left-behind parent may need to seek recognition or enforcement of that order, or other return relief, in the country to which the child has been taken. The procedure will depend on the domestic law of that country and any applicable bilateral or multilat - eral agreement with the UAE. 3.3 Hague Convention on the Civil Aspects of International Child Abduction The UAE is not a party to the Hague Convention on the Civil Aspects of International Child Abduction; there - fore, the procedures and remedies available under the Convention do not apply in the UAE. Cases involving children brought to or retained in the UAE are dealt with under the applicable UAE laws and court pro - cedures (see 3.4 Non-Hague Convention Countries ).
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