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.
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.
Dr. Hassan Elhais publishes analysis of UAE family law matters, including family disputes, legal proceedings and the issues that shape family-law decisions. For readers researching family lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
Comments
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Jason Wallace
2022-02-03
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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
Murtaza
2021-06-30
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?
Karina
2020-09-16
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?
Lheoweljane
2019-11-11
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
Unknown
2019-08-17
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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Should you have any questions, please do not hesitate to contact us. Dr. Hassan Elhais
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
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