A parent may be able to take a child abroad without the father's agreement if the competent court authorises the journey. That does not mean custody alone permits departure. The answer depends on the applicable family law, the parents' legal position and any existing orders affecting the child. Family lawyers in Dubai can help establish which consent or court decision the proposed trip requires.
The question is also wider than permission from a father. Current legislation recognises the other parent's role, and the civil joint custody framework does not give either parent an unrestricted right to decide disputed travel alone. A planned holiday should therefore be assessed through the relevant rules before bookings become commitments.
Identify the applicable family law and existing orders
Start with the marriage and divorce documents, the child's identity records and any custody, guardianship or contact decisions. Explain the family's nationality, religion and residence, together with any agreement or judgment identifying the applicable law.
Federal Decree Law No. 41 of 2024 contains the general Personal Status Law. Its scope includes rules concerning nationality and permitted reliance on another applicable law. The federal civil personal status regime under Federal Decree Law No. 41 of 2022 applies to eligible non Muslims, subject to its scope and choice of law provisions. It should not be assumed that every family in Dubai follows an identical travel rule.
A custody order also needs to be read carefully. It may establish daily care arrangements without resolving the proposed destination, travel dates, passport delivery or an existing restriction. Give the lawyer the complete order and any later variations.
Understand the written consent rule under the general law
Article 116 of the 2024 Personal Status Law permits a custodial parent to travel outside the UAE with the child with the other parent's written approval. Where the father has died, the provision addresses approval by the guardian over the person. It is therefore more precise to examine the statutory family position than to ask only whether the mother has the father's permission.
The law separately addresses a custodian who is not a parent. Its written consent requirements refer to the parents, the surviving parent or the relevant guardian in the specified circumstances. A grandparent caring for a child should not assume that a parent's travel arrangement automatically applies to them.
Where agreement is possible, record the destination, departure and return dates, accompanying adult and contact arrangements. Ask whether the consent needs a particular form, authentication or translation for the procedure and destination concerned. General agreement to holidays may leave a later dispute about the actual journey unresolved.
Dubai Courts’ 2024 Annual Report records 1,404 binding family agreements following judicial approval and a 74% settlement rate for cases presented to its Family Guidance and Reconciliation Section. These section-wide figures provide context for exploring agreement; they do not measure child travel applications or approval rates, or replace the consent and court requirements for a particular trip.
Ask what the court can authorise when consent is refused
Article 116 allows the court to authorise a custodial parent to travel with the child for one or more periods totalling no more than 60 days in a year, supported by a guarantee acceptable to the court securing the child's return. The year is calculated from the first permission, rather than automatically from 1 January.
The court may exceed that period where travel serves the child's interests, is for treatment or involves a necessity it assesses. The provision requires hearing the other parent or relevant guardian unless attendance is impossible. There is also a corresponding court permission route for a custodian who is not a parent.
This is judicial authority to assess an application, not an automatic annual travel allowance. Explain the purpose and proposed duration, any previous permissions and why the requested arrangements protect the child's return. A refusal of consent does not decide the application by itself, but neither does a paid booking establish entitlement to travel.
Apply the separate rules for civil joint custody
Article 10 of Federal Decree Law No. 41 of 2022 establishes joint and equal parental custody after divorce as the starting point, subject to the court's powers and statutory exceptions. It also allows a parent to seek court intervention over a joint custody disagreement.
During joint custody, Article 21 of Cabinet Resolution No. 122 of 2023 prevents unilateral overseas travel where the other parent objects unless the judge permits it following an application. The court may require sufficient guarantees for return on the specified date. The application remains subject to judicial discretion.
The important question is consequently the other parent's position and the applicable order, rather than an assumption that paternal approval is the only relevant consent. Record agreement clearly, and obtain advice about judicial permission when travel is disputed.
Deal with the passport and travel restriction separately
Possession of a passport does not establish permission to use it for the journey. Under Article 117 of the 2024 law, the guardian may retain the child's passport, subject to its delivery to the custodian for travel and the requirements of Article 116. The court may order that it remain with the custodian where it finds obstinate refusal to provide it when needed. Article 124 separately controls using the child's documents for travel without the guardian's permission or a court order.
A travel restriction requires its own assessment. Under Article 22 of the civil executive regulation, either parent may apply after divorce for a temporary restriction, stating the objections; the court decides the application. A parent's objection and a judicial travel ban are therefore different matters.
If a restriction already exists, obtain advice on the order needed for the proposed trip and confirm its implementation before departure. Do not assume that a consent message, a custody judgment or an airline booking automatically cancels the restriction.
Prepare evidence that explains the proposed journey
Provide a clear itinerary, the reason for travel, accommodation details and the intended return date. Medical appointments, school calendars and family event documents can help explain the purpose and timing. Include the other parent's response and any proposed arrangements for contact during the trip.
Dubai's published personal status procedural guide identifies matters such as the child's age, destination and safety, school commitments, residence, existing custody or contact orders and compliance with previous return dates. The guide must be read alongside current legislation and the orders in the particular case.
Address concerns directly. If the objection is a risk of nonreturn, explain continuing commitments in the UAE and the safeguards proposed. Ask counsel which Dubai Courts application is appropriate, what documents it requires and whether any urgent relief is available. Urgency should be supported by evidence rather than assumed from an approaching flight.
Keep a temporary journey within its approved scope
Permission for a visit should not be treated as authority to establish a new permanent residence abroad. A change of school, an indefinite extension or a different destination may raise questions beyond the trip originally approved.
Article 115 of the 2024 law includes relocation to a place of residence that defeats the child's interests among the grounds affecting custody. Unauthorised travel may also engage Article 252, subject to the complaint provisions in Article 255. The consequences depend on the applicable law and facts.
Read the final order for conditions concerning dates, guarantees, documents and return. Separately check the airline's requirements and the destination's entry rules. Those practical requirements should be addressed alongside legal permission for the child to leave the UAE.
Frequently Asked Questions
1. Can a mother travel if the father refuses permission
Possibly, through the competent court. The governing framework, custody position, purpose of travel and existing restrictions must be assessed. Article 116 provides a judicial permission route under the general law; civil joint custody disputes have their own route under Article 21 of the executive regulation.
2. Does holding the passport allow me to leave with my child
No. Passport possession, consent to travel and any judicial restriction are separate questions. Review the applicable rules and orders, including Articles 116, 117 and 124 where the general Personal Status Law governs.
3. Can family lawyers in Dubai guarantee urgent approval
No. A lawyer can prepare the evidence and identify the appropriate application, but permission and any conditions depend on the court. Arrange advice early and confirm the operative order and its implementation before relying on travel plans.
4. What should a child travel application explain?
Set out the purpose, destination, dates, accommodation, accompanying adult and return arrangements. Include relevant orders, the other parent’s response and evidence addressing school commitments, contact during the trip and any concern about return.
5. Does permission for one trip cover a later change of destination or duration?
Review the actual consent or court order before changing the plan. A different destination, extended stay or relocation may raise issues beyond the approved journey. Obtain advice on any further permission and on existing restrictions before departure.
About the author
Dr. Hassan Elhais is a Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants in Dubai. He advises on UAE family, civil, commercial and criminal law matters.
Related Links
About the Author
Dr. Hassan Elhais publishes analysis of UAE family law matters, including child custody, parental responsibilities and arrangements affecting children. For readers researching a child custody lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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.
