Briefly Summarize the Position in Your Jurisdiction
The UAE is not a signatory to the Hague Convention. Within UAE laws, there are no statutory provisions specifically dealing with child abduction.
Leave to Remove/Applications to Take a Child Out of the Jurisdiction
Summarize the Position in Your Jurisdiction
UAE Personal Status Law for Muslims: Post-divorce, if the custodian of the child is other than the child’s mother, he or she must obtain a written agreement from the guardian before taking the child out of the UAE. If such permission is withheld by the guardian, the custodian may obtain permission for the child’s travel from a judge (Article 149 Personal Status Law).
The guardian of a child has the right to hold the child’s passport for safekeeping but must hand the passport over to the custodian when it is required for the child’s travel. Furthermore, the judge may order the passport to be kept with the custodian if they experience difficulty dealing with the guardian when the passport is requested (Article 157 Personal Status Law).
UAE Civil Personal Status Law for non-Muslims: Custody is shared on an equal basis even post-divorce (Article 10 Civil Personal Status), and in case of any dispute related to joint custody, such as possession of passports of the child, the parents can request an intervention of the court.
Under What Circumstances May a Parent Apply to Remove Their Child from the Jurisdiction Against the Wishes of the Other Parent?
UAE Personal Status Law for Muslims: The custodian of the child may not permanently settle the child in another country if it would cause harm to the other parent, 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 Personal Status Law).
If the guardian can prove that his residence in the UAE has expired due to valid reasons such as the end of his employment or due to any other reason, that 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.
UAE Civil Personal Status Law for non-Muslims: If one parent wishes to remove the child from the jurisdiction against the wishes of another, he or she may submit an application to the court for the same, and the court will decide the matter based on the child’s best interests (Article 10 Civil Personal Status).
Legal Update:
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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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.
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