For many, decisions regarding their children are among the more painful aspects of a divorce. At the time of the divorce, when parents are unable to reach a decision regarding the affairs of their children, the matter is settled by the court. The court decides on the children’s physical custody, financial management, decisions regarding their education, and other affairs.
In the UAE, under Federal Decree Law No. 41 of 2024 regarding Personal Status (“Personal Status Law”), children’s affairs after a divorce are divided into custody and guardianship. Custody refers to the day-to-day care of the child and involves physical custody over the children. Custody is generally given to the mothers unless it is proven that the mother is ineligible for custody as per the law. On the other hand, guardianship involves the overall care of the child and is generally granted to the father. The father is also granted visitation rights over the children. Generally, the parents may decide on the time and place of visitation. However, when the parents are unable to reach a consensus, the court draws a schedule after taking into consideration the best interests of the children. This type of bifurcation in the responsibilities over the children ensures the continued participation of the parents in the children’s lives.
Under the civil status law governing non-Muslims in the country, both Federal Decree Law No. 41 of 2022 applicable throughout the UAE except in the Emirate of Abu Dhabi and Abu Dhabi law No. 14 of 2021 applicable within Abu Dhabi, parents are given joint custody over their children, after a divorce. Thus, they are to share the responsibilities of the children’s affairs between each other. However, either of the parents may request the court to grant them sole custody over the children if it is proven that the other parent is not eligible for custody as per the law.
If a parent believes that their children are at risk of being taken out of the country, the concerned parent may apply for a temporary travel ban on the children. A travel ban can be requested by a parent if he/she has a legitimate reason to fear that the children will be abducted from the country by the other parent, hindering the rights of the requesting parent and preventing the parent from fulfilling their duties towards the children. It is a preventive measure, and the reasons for a ban must be proven to the court. If the court determines that the ban is necessary in the best interests of the children, it may order its imposition.
Article 38 of Abu Dhabi Cabinet Decision 8 of 2022 regarding Abu Dhabi Law No. 14 of 2021 states that after a divorce, either parent may file an application with the Court to ban their child from traveling temporarily. However, they must mention the grounds for such a petition. The court will impose the ban as per its discretion. Similarly, Article 22 of Cabinet decision No. 122/2023 on the implementation of Federal decree Law No. 41/2022 allows for restriction of children in custody from travelling by imposing a travel ban.
The court order imposing a travel ban can be appealed if the other party believes such a ban is believed to have been imposed without sound justification or in error. Similarly, travel bans can be requested to be revoked if there is an urgent requirement to travel, in the best interests of the children.
How to check if a travel ban has been imposed on your children?
To check for travel bans, one may submit an enquiry with the Dubai Courts to check the statement of cases. You may file an enquiry through a UAE lawyer.
What are the penalties for removing a child from the country without the other parent’s consent?
It is pertinent to note that the UAE legislation has several laws in place to discourage the abduction of the children by a parent, even in the absence of a travel ban. The Personal Status Law under Article 117 allows the father to retain possession of the passport of the children, while the mother holds their identification documents. However, the passport should be handed over to the custodian in case of travel, and should the father refuse to hand over the passport unreasonably, then the court may order the custodian to retain the passport.
Moreover, Article 252 of the UAE Personal Status Law provides that if a custodian takes a child outside the country without the permission of the guardian or the court, then such a person shall be punished with imprisonment and/or a fine of not less than AED 5,000 and not exceeding AED 50,000.
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 expat 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 linkCopyright © 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.
