United Arab Emirates

How can you prepare child relocation from or within the United Arab Emirates?

What if your child has been relocated without your consent?

The United Arab Emirates is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1966 Hague Convention on Parental Responsibility and Protection of Children.

The processes regarding the relocation of children in and out of the UAE vary depending on the circumstances of the case and the jurisdictions involved. The UAE’s legal landscape slightly differs from other jurisdictions where child relocation is concerned. It includes both family and criminal aspects and is governed by different pieces of legislation.

Child relocation is addressed by the UAE’s original personal status law, Federal-Decree Law No. 28 of 2005 and its amendments. This law is now mainly applicable to Muslims as new personal status laws have been issued. Namely, Federal-Decree Law No. 41 of 2022 and its Implementing Regulation No. 122 of 2023, applicable to non-Muslims in all Emirates except Abu Dhabi, and Abu Dhabi Law No. 14 as amended by 15 of 2021 and its Implementing Resolution No. 8 of 2022, applicable to non-Muslims and Muslim foreigners from non-religious law practicing countries. However, the original personal status law, Federal-Decree Law No. 28 of 2005 remains the default law in instances where there are gaps in the new law. Thus, when it comes to child relocation, the 2005 law and its amendments govern such matters. Additionally, the UAE’s new penal code, Federal-Decree Law No. 36 of 2022, covers child relocation in the criminal context.

The way in which child relocation and child abduction are addressed under the UAE’s legal landscape are covered below.

Country Reporter:

Diana Hamade

Diana is founder and managing partner of her boutique law firm in Dubai.

Diana is often consulted by courts in various jurisdictions to provide expert advice and evidence on UAE law regarding matters such as child custody, enforcement of foreign judgements, and child relocation/abduction.

Diana has volunteered to keep this page about the United Arab Emirates up to date.

Lawyers and mediators in United Arab Emirates

We provide a list of lawyers and mediators in United Arab Emirates, who can assist you in drafting an international parenting plan, in preventing conflicts over the primary residence of the children, and in negotiating and litigating over the children in the event of relocation or child abduction.

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What laws address child relocation in the UAE’s legal landscape?

As mentioned above, the personal status law addresses child relocation under Federal-Decree Law No. 28 of 2005 and its amendments. Article 149 of the personal status law states:

“The custodian may not take the child for travel outside the state without the written consent of the guardian of the person. If the guardian abstains from approving, the matter shall be referred to the judge.”

Typically, a mother is the custodian of a child, and a father is the guardian. Thus, the law stipulates that any travel with a child cannot occur without the guardian’s consent, usually the father. This is applicable when the parents of the child are still married or upon their divorce. It is worth noting that this applies to both temporary travels, whether for vacation or any trip abroad, as well as relocation outside the UAE.

Article 151(2) of the personal status law states:

“No guardian, father or otherwise, may take the child for travel in the custody period without the written consent of his custodian.”

When this provision is read in conjunction with Article 149 above, the law stipulates that upon divorce, the consent of both the guardian and the custodian is required for a child to travel abroad or relocate with either parent. If the parents, or the guardian and custodian, are unable to agree on this matter, it can be referred to a judge of the relevant personal status court in the UAE.

Child relocation without proper consent is also considered a crime under the UAE’s legal landscape. The new Penal Code, Federal-Decree Law No. 36 of 2022, covers the crime and punishment relating to child abduction, including relocation without consent.

Article 380 of the new Penal Code states:

“A penalty of incarceration or a fine shall be imposed on either of the parents or grandparents who abducts his minor child or his grandchild, personally or through an intermediary, even without deception or coercion, or refuses to return or deliver the minor child, to the person who is entitled to his custody or care in accordance with a final decision or judgment issued by the judicial authority.”

The Penal Code insinuates that a parent or grandparent that takes a child away or is responsible for the abduction of that child from their rightful custodian, which is usually the mother, may face incarceration or may be ordered to pay a fine. Additionally, this is also applicable in instances where a person refuses to return a child to their rightful custodian.

How are matters regarding the abduction of children dealt with in proceedings in the personal status courts of the UAE?

In situations where a mother or custodian in particular leaves the country with their child without the permission of the father or guardian, the courts in the UAE do not recognize or refer to these matters as kidnapping or child abduction in the criminal context.

However, when this occurs, the party remaining in the UAE may open a relocation case under the relevant personal status court.

The relocation case may then result in a relocation order which requires the parent abroad to return the child to the UAE. If the parent does not do so and refuses to return the child, the remaining parent may then dismiss the custody of the parent abroad through the relevant personal status court. This slightly differs when a father or guardian relocates with a child under the custody of the mother. As per the new Penal Code, when a child is taken away from their rightful custodian, it is considered a crime and can be punishable through incarceration or the payment of a fine.

It is worth noting that the above raises the question of enforceability in a foreign jurisdiction. If a parent manages to obtain an order for the relocation of their child back to the UAE and/or an order dismissing the custody of the parent who has taken the child, these orders may not serve their purpose if a court abroad will not enforce them to ensure that the parent brings their child back to the UAE. Additionally, incarceration and fine payment may be avoided by the parent abroad if they are not enforced by the foreign jurisdiction.

It is often the case that the parent remaining in the UAE files a case to return the child abroad in the jurisdiction where the other parent has relocated with the child. For example, in situations where the child is a UK national and has been taken to England by one parent without the other’s permission, the parent remaining in the UAE often files a return order through the courts of England to ensure that the parent in England is ordered to and therefore must return the child to UAE.

How do the courts approach cases where one parent wishes to relocate with the child to another country? What are the requirements or considerations for seeking or contesting permission to relocate with a child?

When it comes to relocation from the UAE to another country, the approach of the courts depends on which parent shall be relocating. A mother is usually the child’s custodian, and a father is usually the child’s guardian. As a guardian, it is the father’s duty to financially provide for his child and to make decisions regarding the child’s personal affairs. Thus, the law does not allow for a mother to relocate with her child away from the father when the father is fulfilling his duties as the child’s guardian. Articles 149 and 150 of Federal-Decree Law No. 41 of 2022 state:

“Article (149)
The custodian may not take the child for travel outside the state without the written consent of the guardian of the person. If the guardian abstains from approving, the matter shall be referred to the judge.

Article (150)
1. The mother may not take her child for travel or move him from the conjugal house during the existence of a conjugal relation or during the revocable divorce waiting period without his father’s written consent.
2. After irrevocable divorce, the mother may move with the child to another city within the state unless such movement affects the child’s education or causes harm to the father or makes him suffer unusual hardship or costs for visiting the child.”

If a mother wishes to locate abroad with a child and without the father’s permission, it is within the judge’s discretion whether to allow for such relocation. However, it is often the case that a mother cannot relocate with the child in the instance where said relocation affects the father’s ability to fulfil his duties as the child’s guardian, including visiting the child and covering the child’s costs of living.

Typically, a relocation case is filed when a father wishes to relocate with their child. The personal status law lists certain criteria that must be shown to the court in order to allow such relocation. Article 151 of Federal-Decree Law No. 41 of 2022 states:

“1. If the custodian is another person than the mother, she may not take child for travel without his guardian’s written consent.
2. No guardian, father or otherwise, may take the child for travel in the custody period without the written consent of his custodian.
3. The irrevocably divorced mother’s custody may not be extinguished just due to the father’s movement to other than the residence town of the custodian except if such movements is for settlement, not aimed at harming the mother, and the distance between the two towns does not prevent the seeing of the child and returning on the same day by the ordinary means of transport.”

As per the article above, a father’s relocation does not automatically negate a mother’s custody and a child must remain with their custodian during the period of custody. Thus, when filing a relocation case, a father may request that the child relocates with the mother. In such instances, the court requires that the father proves that he has registered the child in school, has obtained suitable accommodation for himself as well as accommodation for the mother within a reasonable distance to ensure that the child has access to both parents in the foreign country where the father wishes to relocate. Additionally, as per the article above, a father must show the court that his relocation is for settlement, meaning that he plans to return to his home country to settle. He must also show that he is not relocating to cause harm to the mother as the child’s custodian and that the distance between the homes of the parents allows for transport back and forth within the same day. If a mother, as the child’s custodian, refuses to relocate, a father may file a case to dismiss her custody of the child.

In the instances where a child is abroad and a parent wishes for them to relocate back to the UAE, a parent may file a relocation case to return a child. The relevant factors considered by a judge are often the circumstances leading up to the relocation along with the custody arrangements between the parents. The court will also consider whether there are any foreign judgments ordering for the return of the child to the UAE. It is worth noting that if a parent does not meet the requirements set out in the law above, it is rare for a judge to allow a parent to relocate with a child without the other parent’s permission or consent. This is especially the case when the child is a habitual resident of the UAE. The rare cases in which a judge may accept the relocation without the consent of both parents include, for example, when a family has come to the UAE for a vacation and one parent wishes to stay while the other wishes to return to their place of residence and the remaining parent does not consent to said return.

How are orders from foreign jurisdictions enforced in the UAE if they require a child to relocate to the UAE or to leave the UAE and relocate abroad?

If an order or judgment from a foreign jurisdiction requires the relocation of a child, whether that be to the UAE or from the UAE to another country, there are two ways in which these orders can be enforced.

The enforcement of a foreign judgment or order can be sought through a case before a judge in the Execution Court. In order to enforce and execute a foreign order in the UAE, the court looks at whether there is reciprocity in respect of recognition and enforcement between the United Arab Emirates and the jurisdiction issuing the judgment or order. If the court finds that the foreign jurisdiction has previously enforced a UAE judgment or the foreign jurisdiction has entered into a reciprocity agreement with the UAE, then the UAE courts will be more inclined to enforce an order or judgment from that jurisdiction.

The enforceability of foreign orders in the UAE is covered under Article 85 of Cabinet Decision No. 57 of 2018, the Implementing Regulation of Federal-Decree Law No. 11 of 1992 (as amended), which states:

“1- Judgments and orders delivered by a foreign country may be ordered to be executed in the State under the same conditions as prescribed in the law of that country for the execution of judgments and orders issued in the State.

2- The application for execution, including the particulars specified in Article (16) of this Regulation shall be made on a petition and submitted by the person concerned to the execution judge. The judge shall issue his order within three days from the date of its submission. His order may be appealed in accordance with the rules and procedures prescribed for filing an appeal. It shall not be possible to order the execution before the verification of the following:

a- The Courts of the State are not exclusively competent in the dispute in which the judgment or order was rendered and the foreign Courts that issued it are competent in accordance with the rules of international jurisdiction established by their law.
b- The judgment or order is delivered by a Court in accordance with the law of the country in which it was issued and duly ratified.
c- The litigants in the case in which the foreign judgment was delivered were summoned and were duly represented.
d- The judgment or order has the force of res judicata in accordance with the law of the Court which issued it, provided that the judgment has acquired the force of res judicata or provided for in the same judgment.
e- The judgment does not conflict with a judgment or order rendered by a Court of the State and does not contain anything contrary to public order or morals.

3- The execution judge shall have the right to obtain the documents supporting the application before issuing his decision.”
For matters relating to the relocation of a child, it is more likely that the enforcement of a foreign judgment is sought after in the UAE when the child is present in this jurisdiction and the foreign judgment orders the child’s relocation abroad. In instances where a foreign judgment orders a child to relocate to the UAE, it is often enough for that order to be enforceable in the jurisdiction where it is issued to ensure that the child is obliged to leave that country and relocate to the UAE. However, parties often seek to enforce said foreign judgments as a precautionary measure in the UAE in such instances.

The steps to enforce a foreign order for the relocation of a child through the execution courts in the UAE are as follows:

First, an order on petition will be filed in which one of the parties will submit the foreign order attested by the UAE embassy in the foreign jurisdiction, translated into Arabic, attested by the Ministry of Justice in the UAE, and then attested by the Ministry of Foreign Affairs in the UAE. Additionally, as per the requirements set out in Article 85(2) above, the court will require that the order is final and binding, both parties have attended the hearings in the foreign court, and both parties have agreed to the child arrangements. It is then within the court’s discretion to determine whether said order is enforceable in the UAE. If the court deems it enforceable, an execution deed will be issued. Upon retrieving the execution deed, one of the parties can then open an execution file to enforce the order in the UAE.

In the instance that the execution court exercises its discretion and does not enforce a foreign judgment in the UAE or when there is no reciprocity agreement between the UAE and the relevant foreign jurisdiction, there is an alternative option. A foreign order can be enforceable in the UAE through the mirroring of said order in a settlement agreement entered into judgment by any of the personal status courts in the UAE. The parties will copy the order into the format of an agreement and sign it before a judge. The court will then issue the agreement as a judgment, thus ensuring its enforceability in the UAE. This process is comprised of the below steps:

1. The foreign judgment will be mirrored and drafted in the format of a settlement agreement between the parties.
2. Upon the completion of the initial draft of the settlement agreement, the parties will need to consent or agree to the content of the agreement as well as ensure that it is aligned with the foreign judgment.
3. Once the parties agree, the settlement will be translated into Arabic by a certified legal translator.
4. In the meantime, a conciliation file will be opened with the relevant personal status court on behalf of one of the parties.
5. Once the request to open the file has been accepted, a call with the conciliator will be scheduled via the court system.
6. On the date of the conciliation call, the conciliator will first contact the party who opened the file and will then contact the other party shortly after or within a few days.
7. On the call with the conciliator, both parties must confirm that they have entered into an agreement, it is finalized, and they would like to schedule a hearing to sign the agreement before a judge.
8. At this stage, the parties may be asked to send the conciliator the agreement in bilingual format or solely in Arabic.
9. Following the call with the conciliator, if both parties have confirmed their cooperation and have consented to the agreement, a hearing will be scheduled.
10. During the hearing, which often occurs online, the parties will sign the agreement before the judge.
11. The judge will issue the agreement as a UAE judgment after the hearing or within a few days. The judgment is issued in Arabic and will be sent to both parties.

Upon the issuance of the settlement agreement as a judgment, the agreement becomes legally binding and enforceable in the UAE, thus ensuring the foreign judgment’s enforceability. This process is often sought after in cases where a foreign jurisdiction does not have a reciprocal agreement with the UAE or where the foreign jurisdiction has not previously enforced a UAE judgment. Additionally, in regards to child relocation, parents often enter into settlement agreements issued as judgment to cover child arrangements, travel bans, and financial arrangements regarding children who are moving to or reside in the UAE.

Criminal matters

Traveling abroad or relocating a child away from their custodian is punishable by law in the UAE. The UAE’s new Penal Code covers this under Article 380 of Federal-Decree Law No. 36 of 2022. The law stipulates that it is a criminal offense to take a child away from their custodian, usually the mother, without her consent. Thus, if anyone, including a father, relocates with a child away from the mother or rightful custodian, it is punishable by law in the UAE. Additionally, if a father or anyone else refuses to return a child to their mother or rightful custodian, that is also considered a crime under UAE law. The punishment for such crimes can take the form of either incarceration or the payment of a fine depending on the severity of the abduction.

Points to consider

Children are often not involved and do not participate in instances relating to their relocation where UAE proceedings are concerned. Additionally, relocating for studies abroad such as university studies upon the child reaching the age of 18 often requires the consent of the child’s guardian, usually the father. If a child is in custody and is below the age of 18, relocating abroad for education, such as boarding school, often requires the consent of both parents, the guardian and the custodian.