Child Custody and Travel Ban Restrictions for Children in the UAE
In today’s video, we'll be discussing custody and guardianship for children after divorce and its relationship to travel ban restrictions in the United Arab Emirates.
Child custody and guardianship are two of the most discussed concepts in UAE family law. The present laws governing family matters have defined the scope of both to a certain extent, and parents are awarded their rights over the children accordingly.
Distinctions of Child Custody and Guardianship for Muslims and Non-Muslims in the UAE
With the enforcement of the new federal law on Civil Personal Status, there came to be a distinction between custody and guardianship for Muslims and non-Muslims living in the UAE.
For non-Muslims, custody and guardianship are not distinguished, and both parents are given equal rights. On the other hand, the Federal Personal Status Law of 2005, based on Sharia principles, separates custody and guardianship for Muslims.
According to Articles 146 and 156 of the Personal Status Law, custody of children goes to the mother upon divorce until the boy reaches the age of 11, and the girl reaches the age of 13. Guardianship means providing for the child's needs and goes to the father.
Key Restrictions About Travel Bans and Relocation for Children in the UAE
If you're a parent worried about your child being abducted or taken out of the country without your permission, you can consider applying for a travel ban on your child, regardless of which law you're subject to.
1. Under the Personal Status Law of 2005, the father has the right to keep the child's passport except when required for travelling. Under the same law, the mother cannot travel with the child without written approval from the father, and while in her custody, the father cannot take the child out of the country without written approval from the mother.
2. The mother can relocate with the children once her waiting period ends if it does not affect their education or require unnecessary effort on the father's end to stay informed of the children's condition.
3. If the father refuses to hand over the passport, the judge may order that the mother will hold the passport from thereon.
4. The new Civil Personal Status Law states that existing laws will apply to matters for which there are no special provisions under the new law. However, the provisions of the travel ban and other restrictions on children, upon separation, will be the same under the new law.
Travel Rules Set by Dubai Courts
The Dubai Courts have laid down a comprehensive list of travel controls for a child under custody following Article 14 of Dubai Decision No. 3 of 2021 on the Adoption of the Manual of Procedures Organizing Personal Status Matters in Dubai Courts.
It is important to note that the following travel controls are only applicable in the emirates of Dubai:
A. There is evidence that the custodian or the guardian is preparing to travel with the child, or has travelled with the child previously without the consent of the other parent.
B. There is evidence that such travel will affect the child negatively or expose him to danger.
C. The child as well as the person requesting the travel ban is holding a valid UAE residence permit.
D. The person requesting the travel ban is within the UAE.
In conclusion, custody and guardianship laws in the UAE differ for Muslims and non-Muslims. It's important to understand your rights and obligations as a parent to ensure the best interest of your child. Thank you for watching this video, and don't forget to subscribe to our channel for more informative videos like this!
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