How to Win a Child Relocation Case in the UAE: Preparation

There is no guaranteed way to win a child relocation case in the UAE. Start by distinguishing temporary travel from a change of residence.

Articles 115 and 116 of Federal Decree-Law No. 41 of 2024 address different issues. Article 116 regulates travel, while Article 115 identifies grounds for loss of custody.

They do not create a standalone relocation application granted simply by showing that a move serves the child’s interests.

Dubai courts rely on real evidence, not personal wishes. They look at school reports, health reports and living conditions.

First check which law applies. Under Article 1 of the 2024 law, scope depends on nationality, religion and any permitted choice of law.

For non-citizens, the law allows a party to invoke their own law, or another agreed law where UAE legislation permits it. The rules below should not be applied to every family in Dubai automatically.

Where Federal Decree-Law No. 41 of 2022 governs a non-Muslim family, Article 10 starts from equal shared custody after divorce, subject to its exceptions. Either parent may ask the court to decide a shared-custody dispute, including one about the child’s residence.

Article 21 of Cabinet Resolution No. 122 of 2023 requires judicial permission for travel abroad when the other parent objects. The court may require guarantees of return.

That article does not impose the same 60-day rule. Abu Dhabi’s local civil system has separate rules.

How does a change of residence affect custody?

The court assesses the child’s interests when deciding whether a change of residence is a ground for loss of custody. Evidence about the child’s current life and the proposed new environment can help it assess the effect of the move.

Educational stability, health care, suitable housing, and the presence of siblings or relatives may be relevant. These are practical matters for the court to assess, not a fixed four-part test in Article 115.

The effect on contact with the other parent also matters. Article 115 does not separately require proof that the move is not intended to deprive that parent of their rights.

Article 115(1)(c) makes a move with the intention of residence to a place where the child’s interests cannot be met a ground for loss of custody. It does not set a test for accepting a relocation request.

Article 116 addresses travel outside the UAE. For a parent custodian, it provides for written consent from the other parent, or the guardian over the child’s person if the father has died.

Court permission ordinarily covers up to 60 days in total per year from the first permission, with a guarantee of return accepted by the court.

The court may allow more for the child’s interests, treatment or a necessity it assesses, after hearing the other parent or relevant guardian unless attendance is impossible. Neither that permission nor an extension itself approves permanent relocation.

Articles 116(3) and (4) separately address consent and judicial permission where the custodian is not a parent.

The 60-day period is not a general limit on every trip made with the required consent.

What other grounds for loss of custody does Article 115 set out

Article 115 lists separate grounds for loss of custody. They are not a checklist for approving a move.

Alongside the residence ground, they include the following:

Custody may be lost if a required condition of the custodian is absent, or if the custodian fails to perform custody duties or is unable to perform them. Another ground concerns a new custodian living with someone whose custody was lost for a reason other than health incapacity.

Article 115 also addresses a person entitled to custody who remains silent about claiming it for more than one year. This period runs from knowledge of the reason for entitlement and requires absence of an excuse.

The child’s interests may justify an exception. This concerns the person entitled to claim custody, rather than the current custodian’s suitability.

Disgraceful conduct by the custodian that affects the child is a separate ground under Article 115(1)(f).

A move alone does not cause automatic loss of custody. Article 115(1)(c) requires an intention to reside and a move by which the child’s interests cannot be met.

Under Article 115(2), a person who has lost custody may ask for it again if the ground for its loss no longer applies.

Related eligibility issues are explained in our guide to grounds for removing custody from a parent.

Dubai Court of Cassation Appeal No. 58 of 2011, decided on 27 September 2011, distinguished temporary visits from travel intended for settlement and left that factual assessment to the trial court. It also addressed restoration of custody after the mother returned to reside in the UAE.

That judgment applied the repealed 2005 law’s test of difficulty for the guardian in performing their duties. The current Article 115(1)(c) instead refers to the child’s interests.

Article 252 creates a separate criminal risk for a custodian who travels with the child without permission from the guardian or court. The penalties are imprisonment and a fine of AED 5,000 to AED 50,000, or either penalty, without prejudice to any harsher penalty.

Article 255 requires a complaint from the person concerned for proceedings under Article 252. A custody plan or possession of the passport does not replace the required permission.

What documents should you prepare before travel or a change of residence?

Prepare evidence relevant to the travel or custody issue the court must decide. School acceptance, curriculum details, and suitable housing may help explain the child’s position.

For housing, include a lease or title deed for the destination. For education, include the school acceptance letter and curriculum transfer details.

Add bank statements and income proof to confirm the budget. Include the legal residence permit in the destination country and the health arrangements already in place.

Attach earlier court judgments and orders on custody and travel.

Health insurance documents can help explain the planned coverage.

For travel abroad, include the written consent required by Article 116 or the court’s travel-permission order, together with its dates and conditions. If a travel ban is active, ask the issuing court to address it.

Do not treat consent to a holiday as consent to a permanent change of residence.

For restrictions affecting departure, see our guide to child travel bans in the UAE.

Include the existing visitation order and a workable plan for visits, holidays, calls and travel costs. Under Article 121, the parents may agree on visitation arrangements; if they disagree, the court decides according to the child’s interests.

Any needed changes to an existing order should be addressed before the move.

Where the 2024 law applies, include evidence relevant to any disputed Article 113 condition, such as health, ability to care for the child and marital status. A female custodian’s marriage to a man who is not a mahram relative of the child is relevant, unless the court decides the child’s interests require otherwise.

This concerns the relationship to the child, not the man’s nationality.

Article 113 also requires the custodian and child to share the same religion. An exception concerns a mother of a different religion when the court permits custody for the child’s interests on conditions it sets.

These requirements and exceptions should not be transferred automatically to the civil shared-custody system.

These records help the court assess the child’s position and the legal issue before it. They do not guarantee approval or turn temporary travel permission into permission to settle abroad.

Who keeps the child’s passport?

Under Article 117, the legal guardian may keep the child’s passport, except for travel, when it is handed to the female custodian. The court may order it to remain with her if the guardian unreasonably refuses to hand it over when needed.

Holding the passport does not remove the consent or permission requirements in Article 116. A person aged 18 or over with full legal capacity may keep their own passport and identification documents, unless the court orders otherwise.

The child’s preference at age 15

The child may choose which parent to live with at 15 years old, unless their interests require otherwise, under Article 122 of Federal Decree-Law No. 41 of 2024.

Read our explanation of who gets custody after divorce.