How to Win a Child Relocation Case in Dubai starts with showing how the proposed move supports the child’s best interests. No approach guarantees success. The court needs a realistic plan supported by documents.
Present a clear, realistic plan explaining how you will meet the child’s needs after the move. Cover:
- Suitable housing.
- Stable schooling.
- Access to healthcare.
- Financial support.
- Regular contact with the other parent.
Explain how the move would benefit the child. Support your reasons with documents, rather than general promises of a better life.
What the Dubai court considers in a relocation case
The court looks at each case separately, based on the child’s and family’s circumstances. Having a new job, higher income, or relatives in the destination country are not enough on their own.
The court considers the child’s best interest and daily needs. It looks at the reason for the move and its expected impact on the child’s routine and stability. It reviews housing, education, healthcare, along with the financial ability to provide them.
It also checks the child’s relationship with both parents and their role in care, and assesses if regular contact with the other parent can continue.
The applicant must prove how the child’s needs will be met after the relocation. The opposing party, on the other hand, must clearly show the harm to the child. They must support their objection with concrete evidence the judge can verify.
The legal framework governing the relocation dispute
The applicable law depends on the family, religion, and the framework under which the marriage contract was made. Federal Decree-Law No. 41 of 2024 applies where both parties are Muslim or one party, described here as the husband, is Muslim. Federal Decree-Law No. 41 of 2022 applies where both parties are non-Muslim.
Custody and travel under the 2024 Personal Status Law
Article 115 covers the loss of custody rights, as it is lost in several cases:
- Failing to meet the custodian conditions.
- Neglecting custody duties or being unable to perform them.
- Moving to a place that harms the child’s interests.
- Staying silent about the custody right for over a year without an excuse.
- Living with a new spouse who lost custody for a non-health reason.
- Committing shameful behavior that affects the child.
A person who lost custody can ask the court to restore it if the reason for losing it no longer exists. The court considers these factors before deciding relocation.
Article 116 of Federal Decree-Law No. 41 of 2024 states the basic rule for traveling with a child abroad. It requires written consent from the other parent or guardian.
If they refuse or are stubborn, the court has discretion. It can grant a temporary travel permit for tourism or medical trips. The total must not exceed 60 days a year.
The court requires a sufficient guarantee to ensure the child’s safe return to the UAE. This works with Article 117. The guardian has the right to keep the passport, and it is only given to the custodian for actual travel.
The exception is if the court finds the guardian stubborn. Then it orders the passport to stay with the custodian. The custodian also has the right to keep the original birth certificate and ID card.
When the child turns 18, they can keep their own documents, whether male or female.
For permanent relocation and living outside the country, the rules are different. This is outside the scope of temporary travel permits and the 60-day limit. It falls directly under the custody loss and review rules in Article 115.
Moving the child for permanent residence in another country is a major change to their living environment. It violates the other party’s right to guardianship, supervision, and visitation.
The law states clearly that moving to a place that harms the child’s best interest is a main reason for losing custody. The court studies the permanent relocation request as a substantive dispute and assesses the harm to the child before deciding.
Article 122 gives a 15-year-old child the right to choose which parent to live with, unless the child’s best interests require otherwise. That choice does not guarantee a ruling for the selected parent. The court considers the choice subject to the child’s best interests.
Joint custody under the civil personal status framework
Federal Decree-Law No. 41 of 2022 establishes full equality between men and women in rights and duties including joint custody. Under Article 10, joint custody after divorce is the default under this law.
The court has the power to relocate the child’s custody to the more suitable parent based on a request from either parent. The decision must serve the child’s best interest.
Decree No. 122 of 2023 specifies when the judiciary intervenes to resolve joint custody disagreements.
Planning or Opposing a Child Relocation?
Speak with Faris Raian about the applicable custody rules, existing orders, and the documents needed to explain how the proposed move would affect your child.
How to Win a Child Relocation Case in Dubai with Supporting Evidence
To strengthen your case in court, focus on the child’s best interests, including housing, education, and health.
Provide documents that prove your income, medical bills, school letters, and education fees. Include your plans for transport and daily care. You must also explain how you will provide these services without interruption.
Include relevant risks in the application. These may include domestic violence, abuse, unsuitable living conditions, or shameful behavior by the current custodian that harms the child.
Your file must establish your suitability for custody and show how relocating the child to you serves their best interests.
Moving abroad without consent
Neither parent has the sole right to move the child for permanent residence outside the UAE. This requires written consent from the other party or permission from the court. This is under Article 116 of Decree-Law No. 41 of 2024 for Muslims and Article 21 of Cabinet Decision No. 122 of 2023.
Relocation and the risk of losing custody
There is a high risk of losing custody if the move is abroad or far away. This applies if the move harms the child’s interest or prevents the father from his supervisory duties and seeing his child. This is under Article 115 of Decree-Law No. 41 of 2024.
Moving between emirates
The law does not require prior court permission to move between emirates. This applies as long as the move does not harm the child’s education. It must also not stop the other parent from their rights to see, communicate with, and supervise the child.
If the move to a distant emirate creates clear hardship, the other parent can object in court. This applies if the move stops them from seeing their children or harms their studies. The court then has the power to assess the situation and decide the dispute in the child’s best interest.
Preventing a child from leaving the UAE
Immediate action is available. Either parent has the right to take legal action to stop the child from traveling. This protects the child’s rights and prevents abduction.
This is under Article 22 of Cabinet Decision No. 122 of 2023.
Using temporary permission for permanent relocation
Under Article 115 of Decree-Law No. 41 of 2024, it is prohibited to use temporary travel permits to change the child’s home and settle them abroad without consent. This act violates the legal duty to return and gives the other party the right to go to court urgently. The court may see this as harm to the child’s best interest.
It may also see it as an urgent denial of the guardian’s rights. This is a legal ground for the judge to review custody. The judge may drop the custody right from the violating party, based on the circumstances of each case.
Further reading for your situation
Official legislation
- Federal Decree-Law No. 41 of 2024 on Personal Status
- Federal Decree-Law No. 41 of 2022 on Civil Personal Status
- Cabinet Decision No. 122 of 2023
Before proceeding, have the applicable law and supporting documents reviewed against your circumstances. The legal position depends on the facts, documents, and any existing court orders.
Book Your Consultation
To discuss a child relocation application, objection, or travel restriction with Faris Raian, book your consultation on WhatsApp.
