When parents are divorced or separated, their responsibilities to their child must continue. However, both Mother and Father have different parental responsibility. The Mother will become the custodian of young children, for boys until the age of 11 and for a girl until the age of 13, and the father, the guardian. The custodian is obliged to care for the child, meet the child's everyday needs and have the child live in their home.
A parent may apply to remove their child from the jurisdiction against the wishes of the other parent if the custodian of the child may not permanently settle the child in another country if it would cause harm to the father, and if the distance between the two countries prevented the non-resident parent from visiting the child and returning home in one day (Article 151).
If the guardian can prove that his residence in the UAE has expired for valid reasons, such as the end of his employment, or due to any other reason, which the court will not find arbitrary, the court may allow the guardian to take away the children and the mother will have the choice to join them or not.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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