Separated Parents and Child Travel: What UAE’s New Personal Status Law Says About Taking a Child Abroad

For separated couples in the UAE, travelling abroad with a child can quickly become a legal issue if both parents are not in agreement. Under the country’s updated personal status framework, a father cannot simply take a child out of the UAE without addressing custody rights, parental consent and any travel restrictions that may be in place.

Legal experts say that when parents are separated but not yet divorced, the first practical step for a father planning to travel with his child is to obtain the mother’s written consent. This usually takes the form of a No Objection Certificate (NOC), which confirms that the mother has no objection to the child travelling outside the country under the father’s care. While informal written consent may sometimes be accepted, legal professionals recommend notarising the NOC through the Notary Public to avoid complications at airports or future disputes.

In the UAE, child travel is treated as a sensitive legal matter, particularly where there is an ongoing family dispute or uncertainty over custody arrangements. Immigration authorities may ask for proof of consent, and any objection from the other parent can result in immediate restrictions.

The situation becomes more complex if the child is already subject to a travel ban. Such bans are often imposed at the request of one parent, usually to prevent the child from being taken abroad without permission. In these cases, the parent wishing to travel has two options: either reach an agreement with the parent who requested the ban or approach the court to seek its removal.

A court application can be made to temporarily or permanently lift the travel restriction. The parent must provide a clear and legitimate reason for travel, such as a family visit, holiday, education, or medical treatment, supported by documentary evidence. The court will assess whether the proposed travel serves the child’s interests and whether there is sufficient assurance that the child will return to the UAE.

If the judge approves the request, the decision is transmitted directly to the relevant government authorities, including the General Directorate of Residency and Foreigners Affairs (GDRFA) and police systems, allowing the child to travel without further procedural hurdles.

The legal basis for such decisions is now clearly outlined under Article 116 of Federal Decree-Law No. 41 of 2024 on the Personal Status Law. The provision states that the court may authorise a custodial parent to travel with a child in custody for one or more periods, provided the total does not exceed 60 days in a year. The court may also require a financial or legal guarantee to ensure the child’s return. The one-year period begins from the date of the first travel permit.

Importantly, the law also gives courts the discretion to allow travel beyond the 60-day limit if it is found to be in the best interests of the child. This reflects the broader principle under UAE family law that the welfare of the child remains the primary consideration in all custody and travel-related decisions.

For parents living separately, legal clarity and proper documentation remain essential before making international travel plans with a child. Failing to secure consent or court approval where required could lead to airport delays, legal disputes, or enforcement action. With the UAE’s updated law now in force, parents are encouraged to resolve travel arrangements transparently and, where necessary, seek judicial intervention to avoid complications.

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