Written by Dr. Hassan Elhais Through this article, I will highlight three important points to be considered by either spouse, if the other spouse has abducted the child from another country to the UAE without proper authorization and consent. Children are always caught up in these despicable events. Nevertheless, such situations can be prevented by taking calculative legal steps within the UAE.
Custody and guardianship are distinguished concepts under the UAE Federal Law No. 28 of 2005 regarding Personal Status, which applies to the Muslim population of the UAE. On the other hand, under the newly enacted Federal Decree-Law No. 41 of 2022 which applies to non-Muslims in the UAE, custody and guardianship have not been differentiated, and the parents are required to contribute on an equal basis towards the upbringing of the child. Non-Muslims can also apply the law of their home country if they wish to do so, for their matters.
Regardless of UAE Family Laws, UAE has promulgated several rules and regulations concerning child abduction and ways to return the child to the rightful custodian.
Even though UAE is not a signatory to Hague Convention 1980 Concerning International Child Abduction and to Uniform Child Custody and Enforcement Act, the country has entered into various bilateral treaties for prioritizing the welfare of a child in cases of child abduction. Nevertheless, UAE courts generally tend to follow their laws to adjudicate such matters. More or less, child abduction cases are taken into consideration as custody cases; however, if proven that the parent has abducted the child, he or she may face criminal punishments.
Henceforth, below are the three important points which need to be considered, if you face an issue of international child abduction:
The first and foremost step is to engage a family lawyer in UAE who can legally represent you before all relevant authorities and courts to obtain custody of your child or to ensure his safe return to his home country.
The second step to prevent child abduction is to file a case for custody within UAE family courts under the applicable personal law, post obtaining a divorce decree either from UAE courts or from another country. According to the personal law for Muslims, mothers are the natural custodian of the child age 13 years for a girl and 11 years for a boy, and this age may be extended by the court if it is in the child’s best interests. However, custody can be challenged by the father on the grounds of incompetent behaviour and second marriage.
On the contrary, non-Muslim mothers can apply either their home country's law as long as it does not conflict with the UAE local Law, or apply the provisions of the non-Muslim federal law. According to the non-Muslim civil personal status law, custody by default is 50-50 for the parents but can be challenged by one of them on grounds of ineligibility, danger or failure to meet the child’s best interests. Custody may also be waived by either spouse.
In a third scenario, if the father of the child is Muslim and the mother is non-Muslim, the custody of the child will be transferred to the father, due to the same religion as that of the child.
If there is fear of the abduction of the child by your spouse, you may request the court for a travel ban to be imposed on the child. Either parent may request the judge to rescind the order of travel ban, upon submitting a guarantee of a child's safe return. The court has the discretionary power to apply travel restrictions based on the merits of the case and the child's best interest.
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.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Disclaimer: There have been recent changes/amendments in the provisions of the UAE Family Law covered in the content on this website. The views and opinions in the articles are contemporaneous with the time of its publication only and do not necessarily address any matters after the recent amendments of the law or supreme court decisions issued after the date of this publication. The content of this website contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this website regarding the status of a given law or legal issue may not be current or applicable to your particular situation. You should not take any action based on the information in this website. Each legal issue depends on its individual facts and different matters have different laws and regulations. We may make changes to the features, functionality or content of the website at any time.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Contact Me
