Who Keeps a Child’s Passport After Divorce in the UAE? The answer depends on the applicable law and court orders.
Under Article 117 of the 2024 Personal Status Law, the legal guardian (Wali), usually the father, may keep it. The passport must be handed to the custodial mother for travel authorized under Article 116.
Different rules apply where the non-Muslim civil joint custody framework governs the case. The applicable law and any existing court orders must be checked.
Who Keeps a Child’s Passport After Divorce in the UAE under Article 117
Article 117 of Decree-Law No. 41 of 2024 states that the guardian holds the passport. The custodian, usually the mother, raises the child and lives with them.
The father must give the passport to the mother for travel. However, travel requires the father’s written consent or court permission.
Under Article 116, the court can allow travel for up to 60 days a year. The mother must provide a guarantee to ensure the child returns to the UAE.
When can the custodial mother keep the passport?
The custodial mother receives the passport for authorized travel. If the guardian unreasonably refuses to hand it over when needed, she can ask the court to intervene.
Under Article 117(2), the court may order that the passport remain with the custodial mother if the guardian obstructs its handover when needed. This does not automatically give her permanent possession or unrestricted travel rights.
For related guidance, see challenging custody orders in the UAE.
Article 117(3) allows the custodial mother to keep the original birth certificate and other identity documents, or authenticated copies. It also allows her to keep the child’s identity card.
These rights remain subject to Article 124’s safeguards against unauthorized travel or misuse. If those safeguards are breached, the guardian may seek the documents, with subsequent handover subject to court permission and the child’s interests.
At age 18, a person keeps their own passport under Article 117(4), whether male or female. This is subject to legal capacity and any contrary court order.
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How civil joint custody changes the rules
Where Decree-Law No. 41 of 2022 applies, Article 10 provides for joint custody after divorce, subject to its exceptions. Equal custody does not itself settle which parent holds the passport.
Follow any agreed arrangements and court orders.
Article 21 of Cabinet Resolution No. 122 of 2023 prevents unilateral decisions to take the child abroad during joint custody. If the other parent objects, the traveling parent must seek judicial permission.
The court may require sufficient guarantees for the child’s return by a specified date. Either parent may ask the court to resolve a joint custody dispute under Article 20.
For related guidance, see relocating a child after divorce in the UAE.
A guardian refusing passport handover
The father must hand over the passport for travel authorized under Article 116. Article 117(1) of Decree-Law No. 41 of 2024 addresses this obligation.
If he obstructs handover when needed, the court may order retention by the custodial mother under Article 117(2).
Travel without parental consent
Court permission can replace the written consent required by Article 116. If the father has died, the relevant consent is from the guardian over the child’s person.
Under civil joint custody, Article 21 requires judicial permission where the other parent objects.
Paying to issue or renew identity documents
The father pays the costs to issue and renew the child’s identity documents. This financial rule is set out in Article 124 of Decree-Law No. 41 of 2024.
For related guidance, see mistakes to avoid in a custody case.
Official legal sources
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