Relocating a Child After Divorce in the UAE: Legal Guide

Relocating a child after divorce in the UAE depends on the proposed move, the applicable law and the existing custody orders. Moving within the UAE, taking a temporary trip abroad and changing the child’s country of residence raise different questions.

Relocating a child after divorce in the UAE requires permission

Under Article 116 of Federal Decree-Law No. 41 of 2024, a parent custodian needs the other parent’s written consent to travel abroad. Where the father has died, the guardian over the child’s person is relevant.

The court may instead permit travel with a guarantee it accepts to ensure the child’s return.

Court-authorized travel under Article 116 ordinarily totals up to 60 days in a year counted from the first permission. The court may allow more for the child’s interests, treatment or a necessity it assesses.

It first hears the other parent or relevant guardian, unless attendance is impossible. This is not a universal cap on every trip made with consent.

Under the federal civil joint-custody system, neither parent may decide unilaterally to take the child abroad. If the other parent objects, apply for judicial permission under Article 21 of Cabinet Resolution No. 122 of 2023.

That resolution implements Federal Decree-Law No. 41 of 2022. The court may require guarantees of return by a specified date.

Article 21 does not impose the same 60-day rule.

For a permanent move abroad, make clear that the request concerns a change in the child’s country of residence. Permission for temporary travel allows a trip with a return date.

It does not approve permanent relocation. Any agreement or court decision must address the change of residence and its effect on custody and contact under the system that applies.

The 2024 law, the federal civil system and Abu Dhabi’s local civil system have different rules. Confirm the law governing your case, including any permitted choice of law, before relying on a particular provision.

For related guidance, see travel abroad with a child in the UAE.

How Does the Court Assess the Child’s Best Interests

The court considers the child’s interests when assessing a relocation dispute. Article 115 of the 2024 law includes failure or inability to perform custody duties.

It also covers moving for residence to a place where the child’s interests cannot be met. It does not list every practical welfare factor the court may need to assess.

In practical terms, support your request with evidence of suitable housing, schooling, and health care. Explain the available family support and the effect on the child’s relationship with the other parent.

These are matters to document, not a statutory checklist quoted from Article 115.

A move does not automatically lead to loss of custody. The court must determine whether the relevant legal ground is established in the circumstances.

A move within the UAE may still require changes to contact arrangements, even though Article 116 concerns travel outside the country.

Under Article 121(4), the enforcement judge may change visitation dates and places by agreement. Both the custodian and the person entitled to visitation must agree.

Otherwise, the competent court must resolve the requested arrangements. Article 121(3) also allows the court to allocate transport costs within the UAE according to the case.

How Should You Prepare a Relocation Request

Start by reviewing the divorce judgment, custody arrangements and any passport or travel-ban orders. For a permanent international move, seek written agreement that expressly covers a change of residence, the destination and future contact.

If there is a dispute, ask the competent court to decide the relocation and any needed changes to existing orders before proceeding.

Evidence supporting the proposed move

Gaps that can weaken the request

• Relying on verbal promises or presenting living and schooling plans that lack clarity and documents.
• Neglecting the other party’s rights or reducing their chances of effective and continuous communication with the child.
• Not clarifying the intention to return, or the absence of the necessary guarantees for the child’s return after temporary travel.

Explain how contact will work after the move, including visits, school holidays, calls and travel costs. If a travel ban is active, ask the court to address it expressly.

For related guidance, see child travel bans in the UAE.

Who holds the child’s passport

Under Article 117, the guardian may keep the child’s passport, subject to the travel rules in Article 116. For travel under those rules, the passport must be handed to the female custodian.

If the guardian unreasonably refuses to hand it over when needed, the court may order that it remain with her. A person aged 18 or over with full legal capacity may keep their own passport and identification documents, unless the court orders otherwise.

For related guidance, see who gets custody of a child after divorce.

What to Do Before Relocating

• Discuss the move directly with the other parent first, and secure written consent where possible.
• Where agreement isn’t possible, apply to the court rather than proceeding unilaterally.
• For international travel, confirm passport arrangements are in order well before any planned departure.

What Happens Without Proper Authorization

Relocating without addressing the other parent’s rights can expose a parent to a travel ban application or custody or guardianship dispute. This is particularly relevant to international moves.

A later court challenge can create further complications.

Common Mistakes

• Assuming custody alone gives the right to relocate a child without addressing the other parent’s visitation and guardianship rights.
• Not resolving passport and travel document arrangements before a planned international move.
• Waiting until a dispute has already escalated to seek court involvement, rather than addressing it proactively.