UAE Parental Abduction Laws: Parents Must Agree Before Taking Children Abroad

Parents in the UAE must mutually agree before one parent can take a child abroad, particularly during custody disputes. Without both parents' consent, such actions may be considered parental abduction, leading to severe legal consequences, including criminal charges and potential loss of custody rights.

In a notable case, a father in Dubai sought the return of his two children who were taken to Canada under the pretext of a family visit. The situation escalated when the mother revealed her intent to keep the children in Canada permanently. The father pursued legal action, leading to a court ruling in Canada that ordered the children's return to Dubai, where custody issues could be resolved under local jurisdiction.

Legal experts stress the importance of establishing the child's habitual residence, which determines the jurisdiction for custody disputes. Courts also prioritize the child’s emotional, psychological, and physical well-being, considering the potential impacts of relocation and separation.

Parents facing similar situations are advised to document concerns related to the child's safety and well-being comprehensively. In cases where children are taken abroad without consent, legal recourse includes reporting the incident to local authorities, filing urgent court applications, and working with relevant government agencies to address international custody disputes.

The UAE’s family law system is evolving, with reforms aimed at accommodating expats and aligning with international standards. Modern laws, such as Abu Dhabi’s Personal Status Law for non-Muslims, allow for joint custody and focus on the child’s best interests, providing a more adaptable framework for families navigating complex custody issues.

 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels