Sharjah Court Rejects Father’s Appeal Against Children’s Overseas Travel Permission

A Sharjah court has rejected a father’s appeal against permission granted to the mother of his two children to travel abroad with them, finding that their safe return to the UAE had fulfilled the purpose of the required guarantee.

 

The Sharjah Federal First Instance Court upheld the original travel order and directed the father to pay the court fees and expenses.

 

The case arose from an order allowing the custodial mother to travel abroad with the two children, subject to a legally approved guarantor to ensure their return.

 

The father said he did not oppose the trip but wanted additional safeguards. He asked the court to place copies of the children’s foreign passports on record, verify their travel documents and examine the guarantor’s identity, residence, financial solvency and legal capacity.

 

He also sought to retain the children’s passports and Emirates IDs until the relevant conditions had been verified. In addition, he requested details of the travel itinerary, accommodation and return arrangements, as well as clarification of the supervisory role of the relevant social services authority.

 

The mother’s defence argued that she had completed the authorised trip and returned to the UAE with both children. It said the purpose of the guarantee had been fulfilled, with the children’s passports returned to the father and the guarantor’s passport returned to the guarantor.

 

Court Upholds Travel Order

 

The court found that the grievance had been filed within the prescribed legal deadline and was therefore admissible.

 

Under Article 116(2) of the Personal Status Law, a custodial parent may be permitted to travel with a child for a limited period, subject to a suitable guarantee to ensure the child’s return.

 

The court said the guarantee was intended to prevent a child from being retained abroad and to protect the other parent’s rights to supervision and follow-up.

 

As the mother had completed the trip and returned with the children within the authorised period, the court concluded that the guarantee had served its purpose. The additional safeguards sought by the father, including further verification of the guarantor, were no longer necessary.

 

The court consequently rejected the grievance on its merits, upheld the original travel permission and ordered the father to bear the court fees and expenses.

 

The ruling highlights the importance of guarantees in securing children’s return from authorised overseas trips, while indicating that objections to travel arrangements may lose their practical relevance once the trip has been completed and the children have safely returned to the UAE.