family law


April 06, 2017



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If I Put a Travel Ban on My Son Can He Still Travel with Me?

Question: I want to put a travel ban on my son. Will the ban still apply when he is travelling with me?

Answer: In accordance with Article 149, 'the custodian may not take the child for travel outside the state without the written consent of the guardian. If the guardian does not approve, the matter shall be referred to the judge.'

When you apply for a travel ban such applications will have to be submitted to the courts. The court will study the matter and give instructions to immigration authorities not to allow the child to leave without your written consent.

If you decide to travel with your son you must submit a written request to the same court to remove the travel ban and permit your child to travel with you. Immigration authorities at the airport will not allow you to travel without court approval.

Question: I filed a case for financial support from my husband, which the court granted me. Does this also mean I can seize my husband's assets?

Answer: Upon getting a binding judgment you will be able to obtain an execution deed, which allows you to open an execution file in the courts to enforce a family court order.

The court has to serve notice to your husband and give him two weeks after receiving the notice to obey the court order. If he fails to do that, you shall be given the right to inquire with the authorities about all his assets and get them seized.

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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Jason Wallace
Thank you...   Dr. Hassan Elhais
How do I remove a travel ban imposed by my exwife on my 2 children. We are all residing in Dubai. She doesnt have custody of the children. Children are 10 year old daughter and 6 year old son. Please advise
We would like to inform you that you may approach the courts for the removal of the travel ban. We advise you to get in touch with our lawyers and share more information about the divorce itself, whether it was mutual divorce or contested and if so please share the relevant contract/ judgment.

Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
If husband opened the case in the court to stop custody of the mother because she had to travel to her country for emergency and baby was with her friend. Would the judge give baby to the father who from beginning was denying that its his baby, was forces by court to make documents, pay alimony which he is not paying not coming to see the baby and now wanted?
I would like to schedule a detailed consultation with you to guide you on your concerns, the relevant legal position and advise you on the possible legal recourse.

Please provide us with your confirmation and we will guide you accordingly on how to proceed.

Look forward to hearing from you.   Dr. Hassan Elhais
Hi can I ask a question regarding my case between me and my husband, I already file a case to my husband, which is criminal case and divorce, I have a medical record and also evidence that long time he is abusing me like hurting me, and also pictures that he has a lady.. but the thing is that pictures I got is from his mobile, I just take picture and it with out him.. but they said that is useless because it’s against the law.. so how I will proof that he has a lady if I can’t use that one as a evidence, there is another way just to proof that he has a lady??? So that I can get also my son... and last thing what if he apply for my sons travel ban what I need do?? How to removed that travel ban?
In furtherance to the foregoing concern, please note that evidences taken from your husband’s phone without his consent cannot be used against him before a court of law. Whereas, pictures taken from social media websites can be utilized as evidence. Further, if your husband imposes a travel ban, you may file an application for the court to lift the ban, upon submitting relevant documents. It is lastly advised to arrange a meeting with one of our legal consultants to discuss the matter in depth.   Dr. Hassan Elhais
I have got my son custody and my ex husband is not paying any maintenance money from last 2 years when I got my son custody. I put travel ban on him even arrest warrant issued but later my and my son maintenance case transferred to settlement court and their also my ex is saying he cannot pay and court removed his ban and arrest warrant because of my son passport renewal now my ex is threatening me that he will not give us any money and he will never take me my son to any place even after his physical custody and not paying any maintenance
If you have the custody of your child, your ex-husband is under an obligation to make payments towards the maintenance, accommodation and such other expenses. In light of the facts you have shared with us, it is advisable to pursue the execution case so that the court conducts a search on his assets in the UAE and orders an attachment thereto.

If you would like to discuss further about the following up on the execution case, please feel free to meet with us in our office for a detailed consultation.   Dr. Hassan Elhais

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