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Travel Ban on Children: Shifts in the Travel Ban Laws

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Staff Writer, TLR

Published on July 14, 2023, 17:40:59

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TRAVEL BAN, CHILDREN, TRAVEL LAWS

Travel bans restrain individuals from moving beyond the territory of the country without satisfying the necessary conditions are fulfilled. This article elucidates on the travel ban on the child, where the child’s name shall be listed at all entry points to the UAE, such as ports, borders connecting the neighboring countries and airport to prevent the child from leaving the territory.

As per the UAE Personal Law Status, a parent has the right to file an application before the court, to impose a travel ban, to restrict the other parent from taking the child cross border by any means of transportation.

Under Article 149 of the Personal Status Law, the travel ban can be imposed. The provision states that where, say, the mother is the custodian, is not allowed to travel anywhere outside the UAE with the child without the permission of the father, who is the guardian of the child. Also, the father if wishes, following the provision of Article 157, can further request the Court to pass an order to handover the travel documents of the child to him, as being the guardian of the child, he is responsible for safekeeping those documents.

Delving Deeper into Article 149 and Article 157

The law in UAE grants the custody of the child to the mother, and the guardianship to the father. To enable the father to take the best care of the child, it is recommended if the child stays in the same country.

Article 149 states that the mother, who is a custodian may not be allowed to travel with the child, expect written permission obtained from the father, the guardian of the child. If the permission is withheld by the father, the mother can bring the matter before the court. Article 157 further provides that the father can withhold the passport of the child, for the sake of keeping it safe, but should handover whenever require. In other words, the father cannot confiscate the child’s passport in the name of safekeeping using his guardianship rights.

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