UAE Trends and Developments Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
Passport Control and Identification Documents The handling of passports remains one of the most common sources of conflict in UAE family disputes. Under Article 117 of the Personal Status Law, the guardian may retain the child’s passport, although it must be handed to the custodian for permitted travel. The court may direct that the passport be held by the custodian where the guardian acts unreasonably or refuses to hand it over when needed. The custodian is generally entitled to retain the child’s original birth certificate and other identification docu - ments, or authenticated copies, as well as the child’s identification card. However, these documents cannot be used to travel with the child without the required consent or court authorisation. This approach seeks to balance two concerns. The first is the child’s need for access to essential iden - tity documents for education, medical care, visa mat - ters and daily administration. The second is the need to prevent a unilateral international move that could undermine the other parent’s rights or the court’s juris - diction. In relocation disputes, the passport issue is there - fore not merely administrative: it can be central to the court’s assessment of risk, co-operation between the parents and the likelihood that a future order will be complied with. The Growing Importance of Contact and Parenting Arrangements A major trend in relocation disputes is the growing focus on the practical preservation of the child’s rela - tionship with the left-behind parent. Under Article 121 of Federal Decree-Law No 41 of 2024, where a child is in one parent’s custody, the other parent has the right to visit the child, take the child for visits and have overnight contact, subject to agreement or a court determination based on the child’s interests. This means that a relocation proposal should not sim - ply state that the child will have “online contact” with the other parent. A credible proposal should deal with the practical details of how the relationship will con - tinue after the move. This may include:
substantially reduces the child’s ability to maintain a relationship with the other parent. Accordingly, a parent considering relocation should not assume that custody alone gives them unrestricted authority to change the child’s country of residence. International Travel Is Not the Same as Permanent Relocation The law draws an important practical distinction between temporary travel and a permanent or long- term relocation. Article 116 of Federal Decree-Law No 41 of 2024 pro - vides that a custodial parent may travel outside the UAE with a child only with the written approval of the other parent, or of the relevant guardian where appli - cable. Where consent is not available, the court may authorise travel for a period or periods not exceeding a total of 60 days per year, subject to an appropriate guarantee that the child will return. The court may allow travel beyond this period where it is in the child’s interests, including for treatment or a necessity determined by the court after considering the other parent’s position, where possible. This provision is particularly relevant in expatriate families. A parent may wish to take a child abroad during school holidays, visit relatives, attend a fam - ily event, seek medical treatment or spend time in the child’s home country. These arrangements may appear straightforward, but they can become con - tentious where there is a history of disagreement, concern that the child may not return, or a pending custody dispute. A permanent relocation is more substantial than a tem - porary travel request. It may affect the child’s school, residence, visa status, contact schedule, access to extended family and relationship with the left-behind parent. Courts are therefore likely to examine a relo - cation proposal in greater depth, and may require a detailed plan showing how the child’s best interests will be protected.
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