Custody of Child When Mother Is Abroad does not automatically end because a mother travels or lives outside the UAE. The court considers the applicable law, actual care, existing arrangements, and the child’s best interests.
How Custody of Child When Mother Is Abroad is assessed
Article 115(1) of Federal Decree-Law No. 41 of 2024 identifies grounds for losing custody. These include failing custody conditions, failing or being unable to perform custody duties, and relocating where the child’s interests cannot be met.
The law does not set a fixed period of absence that automatically ends custody. Article 114 places the father after the mother in the custody order. The court may depart from that order in the child’s best interests.
When the mother travels alone
Travel alone does not transfer legal custody. The father or another suitable person may provide daily care under appropriate arrangements. If a dispute arises, Article 114 governs entitlement, subject to the child’s best interests.
If the absence causes neglect or prevents custody duties, the father may apply to the competent court. He may show that Article 113 conditions are unmet or an Article 115(1) ground exists. The court decides whether custody should change.
For the wider custody framework, read about custody decisions after divorce.
Temporary travel with the child
Article 116 requires the other parent’s written approval for a custodial parent to take the child outside the UAE. If the father has died, approval comes from the relevant guardian over the child’s person.
The court may permit travel for periods totaling no more than 60 days per year. The year runs from the first permit. A guarantee acceptable to the court must secure the child’s return.
The court may allow longer travel for the child’s benefit, treatment, or a necessity it determines. It hears the other parent where possible.
The consent and permission process is discussed in the guide to a custodial mother’s travel abroad with her child.
Permanent relocation and civil joint custody
A temporary travel permit does not authorize permanent relocation. Under Article 115(1)(c), relocation may end custody if the child’s interests cannot be met in the new location.
For families governed by Federal Decree-Law No. 41 of 2022, Article 10 establishes joint custody. If living abroad prevents custody duties, the other parent may request review under Article 18 of Cabinet Decision No. 122 of 2023.
Article 21 of that Decision prevents unilateral international travel during joint custody when the other parent objects. Permission must then be requested from the competent court. The court may require guarantees for the child’s return.
Arrangements to check before departure
- Review existing custody and visitation arrangements. Identify who will provide daily care if the child remains in the UAE.
- Confirm whether the child will travel. Obtain written consent or seek a court permit where required.
- Check travel dates, return arrangements, and any order restricting departure.
An existing restriction requires separate attention. Read about child travel bans in the UAE before making travel arrangements.
