UAE Trends and Developments Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
position while the dispute is addressed through the proper legal process. A travel restriction is therefore not an automatic conse - quence of a disagreement between parents. The court will consider the applicable personal status arrange - ments, any existing judgment or execution proceed - ings, and whether the proposed travel is consistent with the child’s interests and the legal requirements governing travel outside the UAE. The Role of Settlement and Court-Ratified Arrangements Agreed arrangements can be particularly valuable in relocation cases because they allow parents to address the practical consequences of a move in a detailed and child-focused manner. An agreement may cover the child’s residence, school holiday con - tact, travel arrangements, passport handover, video communication, the sharing of travel costs and the procedure for making future decisions. Where a dispute is suitable for amicable resolution, the supervising judge may refer the parties to the Family Guidance Department or Section. A settle - ment reached there is recorded in a report signed by the parties and the mediator; once approved by the supervising judge, it has the force of an execution writ, provided it does not conflict with the Personal Status Law. Enforcement of Judgments in the UAE In the UAE, the enforcement of judgments – whether domestic or foreign – is governed by the Civil Proce - dure Code and is carried out through the competent Execution Court. Once a UAE judgment becomes final and enforceable, it may be executed through the Exe - cution Judge, who has the authority to take necessary measures to ensure compliance, including attachment of assets, travel bans and other enforcement actions in accordance with the law.
Article 222 of the UAE Civil Procedure Code sets out the conditions under which foreign judgments may be recognised and enforced within the UAE. The Execu - tion Judge must verify that: • the foreign court had proper jurisdiction; • the parties were duly summoned and represented; • the judgment is final and binding in the issuing jurisdiction; • it does not conflict with a prior UAE judgment; and • it does not violate UAE public order or morals. In addition, reciprocity between the UAE and the issu - ing country may be considered, unless otherwise pro - vided by applicable treaties or conventions. It is important to note that enforcement in the UAE is not automatic and requires a formal application before the Execution Court. The court will examine the legal requirements before granting enforcement. In family matters, including custody and personal status judg - ments, the court will also consider the best interests of the child and compliance with the UAE Personal The current legal framework recognises that a child’s relationship with both parents should be protected wherever possible. At the same time, it acknowledg - es that there may be legitimate reasons for a move, including education, employment, healthcare, family support or a parent’s return to their country of origin. The outcome of a relocation dispute will depend on the individual facts. A parent seeking to relocate should present a clear and child-focused proposal that addresses the reason for the move, the child’s welfare, schooling, accommodation, contact with the other parent and practical travel arrangements. A par - ent opposing relocation should similarly focus on the impact on the child and propose workable alternatives rather than relying only on objections to the move. Status Law. Conclusion
132 C HILD RELOC AT I ON 20 26
CHAMBERS.COM
Powered by FlippingBook