Child Abduction in the UAE: Legal Options for Parents

Report immediate safety concerns to the police and seek appropriate court measures if a parent unlawfully takes or keeps a child. Child abduction in the UAE depends on the facts, the applicable law, and any court orders.

A custody disagreement does not automatically establish a crime.

Article 380 of Federal Decree-Law No. 31 of 2021 addresses specified acts by parents and grandparents.

What should you do first?

Start by locating the child and confirming they are safe, using lawful means. Keep every identity document, court order and travel consent.

Keep flight bookings and the full text messages between you and the other parent.

Report any suspected offense and provide the documents and messages you have. You do not need to wait for a new custody judgment before reporting a safety concern or suspected crime.

At the same time, ask the competent court about urgent custody, handover, passport or travel-ban measures. If an enforceable handover order already exists, apply through its enforcement file.

The appropriate request depends on the existing orders, the child’s location and the law that applies.

Do not stop at a police report. A police report alone is not a travel ban and is not an order to return the child, especially if the child is outside the UAE.

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

When can parental removal or non-return be a crime

Not every custody dispute is a crime. The legal elements must be checked carefully in each case.

Article 380 of Federal Decree-Law No. 31 of 2021 covers a parent or grandparent who abducts their minor child or grandchild, personally or through another person, even without deception or coercion.

It also covers refusing to return or hand over the minor to the person entitled to custody or care under a final judicial decision or judgment. The penalty is imprisonment or a fine.

The authorities must assess whether the facts meet the offense’s legal requirements.

Article 252 of Federal Decree-Law No. 41 of 2024 provides a separate penalty for a custodian who travels with the child without the guardian’s or court’s permission. It allows imprisonment and a fine of AED 5,000 to AED 50,000, or either penalty, without prejudice to any harsher penalty.

It also covers unlawful use of, or benefit from, a document or copy belonging to the child. Article 255 requires a complaint from the person concerned for criminal proceedings under Article 252.

Check the family-law system separately from the criminal allegations. Article 116 of the 2024 law requires a parent custodian to obtain the other parent’s written consent for travel abroad.

If the father has died, consent from the relevant guardian is required. Alternatively, the court may permit travel under the article’s conditions.

Holding the passport does not remove those requirements.

Where the federal civil system for non-Muslims applies, Article 10 of Federal Decree-Law No. 41 of 2022 provides for shared custody, subject to its exceptions. Article 21 of Cabinet Resolution No. 122 of 2023 requires judicial permission for travel abroad when the other parent objects.

Do not apply the 2024 custody rules to every family automatically; permitted choices of law and Abu Dhabi’s local civil system may also matter.

Related custody principles are explained in our guide to who gets custody after divorce.

What if the child is taken out of the UAE?

Get urgent legal advice in the country where the child was taken. UAE court decisions and orders can support your case before the courts there.

A UAE order does not execute itself abroad. The authorities in the country where the child is located must act under their own law and any applicable treaty.

A return request, enforcement of a UAE order and criminal proceedings may involve different procedures.

If the child is brought into the UAE, one possible route is seeking enforcement of an existing foreign custody or return order. Another is an appropriate custody or handover claim where UAE courts have jurisdiction.

These procedures have different requirements. Check the foreign order, existing UAE orders, applicable law, and any relevant treaty before choosing the route.

Nonreturn after an agreed or ordered visit

Contact the police immediately if the children are missing, in danger, or you suspect a crime. If an enforceable order sets out when they must be returned, ask the enforcement judge to enforce it and provide evidence of the missed return.

If there is no suitable order, seek urgent relief from the competent court. Police reporting and court enforcement can proceed alongside each other.

Compulsory handover and any police assistance are directed through the lawful enforcement process; a new order is not always needed.

Removal by a father or legal guardian

Being the father or legal guardian does not give a parent immunity from Article 380. But travel alone does not automatically prove child abduction.

The facts, custody rights and any final judicial decision or judgment must be examined. Article 252 separately concerns travel by a custodian without the guardian’s or court’s permission.

Whether it applies to the father depends on his legal role and the facts, not simply on the absence of the mother’s consent. Report suspected unlawful removal and ask the court about custody, handover or travel restrictions appropriate to the case.

For separate custody consequences, see our discussion of grounds for removing custody from a parent.

Enforcing a foreign custody or return order

Foreign custody orders are not automatically enforceable. Under Article 222 of Federal Decree-Law No. 42 of 2022, enforcement is requested by petition to the execution judge.

The judge checks jurisdiction, proper service and representation, finality, and consistency with existing UAE judgments and public order. Reciprocity must also be considered, subject to any applicable treaty or agreement preserved by Article 225.

The child’s interests do not replace these enforcement conditions.

The Hague Convention and other return procedures

The UAE is not a party to the 1980 Hague Child Abduction Convention. Its treaty return procedure is therefore unavailable between the UAE and another country on that basis.

The Convention does not provide automatic return even where it applies. A parent may need UAE custody or handover proceedings, or enforcement of a foreign order.

Jurisdiction, the applicable law, and any relevant treaty must be checked. A custody claim and a foreign-enforcement request have different legal requirements.