Can a Custodial Mother Travel Abroad With Her Child?

Can a Custodial Mother Travel Abroad With Her Child? Yes, but she needs the required written consent or court permission.

Article 116 of Decree-Law No. 41 of 2024 addresses travel consent and judicial permission. Article 21 of Cabinet Resolution No. 122 of 2023 separately governs travel under the civil joint custody framework.

Can a custodial mother travel abroad with her child without paternal consent?

If the father refuses, his absence does not give the mother automatic approval. The mother must get a judge’s permission instead of the father’s written consent.

If the father is deceased, the relevant consent is from the child’s legal guardian (Wali) under Article 116. Court permission is an alternative.

What to do if travel consent is refused

If the father says no, the mother can ask the court for permission. Under Article 116(2), court-authorized travel requires a guarantee acceptable to the court to secure the child’s return.

When you file the court request, you should include specific details to help the judge decide:

What rules apply under the non-Muslim civil framework?

Where the 2022 civil personal status framework applies, Article 21 of Cabinet Resolution No. 122 of 2023 governs travel during joint custody. A parent cannot decide unilaterally to take the child abroad.

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. Article 21 does not itself impose Article 116’s 60-day limit.

Article 22 also allows either parent, after divorce, to request a temporary travel ban, stating their objections. Check any existing restriction and obtain the necessary court relief before departure.

Is Permission for a Holiday Enough for Permanent Relocation

A proposed move requires separate consideration of the child’s residence, custody, and any required consent or court order.

For related guidance, see relocating a child after divorce in the UAE.

The rules for temporary travel

Temporary travel may include holidays, family visits, or other lawful purposes.

Under Article 116, a custodial mother needs written consent from the other parent or court permission. If the father has died, the relevant consent is from the guardian over the child’s person.

Court-authorized travel under Article 116(2) requires an acceptable return guarantee.

Under Article 116(2), court-authorized trips normally total no more than 60 days in a year from the first court permission. The court may allow longer for the child’s interests, treatment, or a necessity it assesses.

Before allowing longer, it hears the other parent or relevant guardian unless attendance is not possible.

For travel based on written consent, the authorized period applies, subject to existing orders. Article 116(2) does not impose a blanket 60-day cap on consensual travel.

How can relocation affect custody?

Under Article 115(1)(c), a residence move is a ground for losing custody where the child’s interests cannot be met. The outcome depends on whether that legal ground is established and the circumstances of the case.

Relocation alone or the expiry of a travel permit does not establish that ground.

For related guidance, see challenging custody orders in the UAE.

What to do before extending a trip

If your trip has court authorization, you must formally apply to the court to vary or extend the permission before the approved period ends. If your travel rests on parental consent, you must obtain updated written consent, subject to any existing court orders.

Written consent rather than verbal approval

Article 116 requires written consent unless you obtain formal authorization from the court instead.

Calculating the year for court-authorized trips

Under Article 116(2), the one-year period starts from the date of the first court permission rather than the standard calendar year. The ordinary 60-day limit applies to the combined periods authorized under that provision, subject to any statutory exceptions.

Passport possession and travel permission

Simply holding the child’s passport does not give you the legal right to travel. Articles 116, 117, and 124 clearly separate official travel permission from the physical possession of passports and identity documents.

For related guidance, see mistakes to avoid in a custody case.

Court permission for more than 60 days

Under Article 116(2), the court can exceed the 60-day limit if it serves the child’s best interests, involves necessary medical treatment, or meets another evaluated necessity. Before approving a longer period, the court must hear the other parent or the guardian, provided attendance is possible.