UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
Costs and Timescale There is no fixed cost or standard timescale for a non- Hague child-return case in the UAE. Costs will depend on: • the nature of the proceedings; • court fees; • legal representation; • translation and authentication of foreign docu - ments; • expert requirements; • appeals; and • enforcement proceedings. The duration will similarly depend on whether the application concerns the enforcement of an existing foreign judgment or requires fresh custody or child- related proceedings. Urgent or interim applications may be dealt with more quickly, while contested pro - ceedings involving jurisdiction, foreign judgments or appeals may take longer. Relevance of the Country From Which the Child Was Removed The country from which the child was brought can affect the procedure. In particular, the existence of a bilateral or multilateral judicial co-operation treaty between that country and the UAE may affect the rec - ognition and enforcement of foreign judgments and the procedural route available. Where no applicable treaty exists, recognition and enforcement will generally be considered under Arti - cle 222 of the UAE Civil Procedure Code. The foreign country may also be relevant when the UAE court considers the validity and effect of an existing foreign judgment or custody arrangement. However, the ulti - mate approach will depend on the facts of the par - ticular case and the applicable UAE family law regime.
ments between the UAE and the foreign country under Article 225. Where There Is No Enforceable Foreign Order Where there is no foreign judgment capable of recog - nition or enforcement in the UAE, the parent may need to commence proceedings before the competent UAE family court concerning custody, residence, guardian - ship or other appropriate relief relating to the child. The UAE court will determine the matter under the personal status regime applicable to the family. The child’s welfare and best interests will be an important consideration, together with matters such as: • the existing custody arrangements; • the circumstances in which the child was brought to the UAE; • the child’s relationship with each parent; • stability; • education and care arrangements; and • any existing foreign proceedings or orders. Criminal Proceedings In certain circumstances, the removal or retention of a child may also have criminal consequences. Arti - cle 380 of Federal Decree-Law No 31 of 2021 on the Crimes and Penalties Law applies where a parent or grandparent abducts a minor child, or refuses to return or deliver the child to the person entitled to custody or care under a final judicial decision or judg - ment. Such criminal proceedings are separate from the family or enforcement proceedings concerning the child’s return. Where international criminal co-operation is sought, this is governed by Federal Law No 39 of 2006 con - cerning International Judicial Cooperation in Crimi - nal Matters and any applicable treaty arrangements. Extradition is dealt with through the competent pros - ecution, central and judicial authorities and should not be treated as an automatic consequence of a parental child-abduction complaint.
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