Parental Travel Rights and Child Relocation Laws

Travel and Relocation Rights in UAE

Family matters are governed by Federal Personal status laws. Previously, it was administered under the Islamic law. However, with a broad vision of UAE the things have changed. Now family matters are dealt with international conventions, judicial discretion, federal personal status laws, and sharia principles. UAE has one of the largest expatriate populations. This makes the Emirates a multicultural nation with diverse demographics. The range of expatriates living in the UAE makes the legal questions even more complicated.

Therefore, it is essential to understand the country’s legal framework, legal structure, legation, its history, and judicial systems. The laws and regulations that govern child custody, travel consent, and child relocation are often complex questions and are answered by lawyers and legal professionals in the UAE. We have one of Dubai’s most senior Emirati lawyers and legal consultants. We have most senior Emirati lawyers and legal consultants, who have been practicing for more than 20 years. Our lawyers expert in family law are called as family lawyers. They might be called as divorce lawyers or alimony lawyers too, if they are dealing with divorce or alimony cases. But generally, such lawyers are called as family lawyers.

Parental travel rights and relocation matter arises as a direct result of divorce, separation, or other family disputes. The legal matters of expatriates are often dealt with differently from those of UAE nationals.  Questions regarding parents traveling abroad or child relocation with or without a child arise during separation, divorce, or other family disagreements.

Federal law no 28 of 2005 on Personal status law is amended. The law is about child custody and guardianship issues. Moreover, both of them are treated differently as the responsibilities of a custodian and guardian.

The custody refers to the physical care of a child. It includes the day-to-day upbringing of a child. On the contrary, guardianship refers to the financial decision of a child including its education and legal documentation.

According to the UAE custody law, it is the mother of the child who is assigned the custody of a young or infant child.

Usually, custody of a male child below the age of 11 is given to the mother. For a girl child below 13 is again awarded to the mother. However, there is a possibility that a mother is proven unfit to take care of a child. But, now as per new law, now mother can keep the custody up to 18. This new law has been implemented from 15^th April 2025. Therefore, the previous laws have been obsoleted and not applicable more, regards to this. 

The father of the child retains the title of guardianship. The guardianship refers to the consent required for the vital decisions involving children. It may include parental travel rights, child relocation, or travel consent.

It is pertinent to under the distinction between the custodian and guardianship to understand the legal rights of each parent. If anyone plans to travel outside the UAE, the question regarding travel consent or child relocation does arise if children are involved.  This question can be addressed with the help of a professional family lawyer in the UAE.

When single parents want to travel outside the UAE, this becomes a million-dollar question. Several time parental travel rights gives rise to tensions between the parents.

The main bone of contention is when one parent wants to travel abroad while the other parent refuses to give permission. Therefore, if the other parent has guardianship rights, the approval is mandatory. Travel consent is needed to issue a child’s passport or obtain exit permits. Father is guardian as per law. He is accepted guardian all over the world in different parts of the world, except few conditions. You check the details with our lawyers.

According to the UAE custody law, the approval is compulsory to legally travel outside the territory of UAE.  If approvals are not obtained it may result in legal repercussions for the parent. It may be categorized as kidnapping or breach of court orders.

Therefore, it is necessary to avoid the disputes and conflicts. The divorced or separated parents must include travel clauses in the agreements or court judgments. This will specify the travel permissions. It will also mention the frequency of traveling and the consent specifications.

The conflict can be avoided by seeking the assistance of a well-versed family lawyer in UAE who will draft the enforceable agreement for both parents. He will ensure the rights of children and parents are protected. They also make sure that no legal issue arises during traveling or child relocation.

If a parent unreasonably withholds the travel consent, the other parent can reach out to the UAE family courts. They approach the family courts to obtain judiciary permissions.

The UAE family courts will be assessing the situation and the agreements between the parents to give final judgment. They will ensure the best interest of a child.

Furthermore, the UAE family courts will consider certain factors before giving a verdict. They will account for the purpose of travel, duration of travel, and destination along with its safety and stability.

In addition, they will also account for whether the child will return upon the agreed date, day, and time or not. They will also analyze the bond between the child and the parents. The UAE family courts will preserve the betterment and well-being of the child above everything else.

As a result, they will decide about the travel and according to it even if the custody is granted to one parent, the courts can still hold the right to deny travel. If the family courts in UAE suspect the risk for the child or chances of parental abduction or cold relocation without return they can halt the child from moving outside the UAE.

Child relocation is rather a permanent move, unlike temporary traveling.  Child relocation usually involves moving the child’s residence from one place to another. The child may move from UAE to another other country in the world. This is a sensitive matter and must be dealt with extra care and caution.

However, the custodial parent cannot unilaterally relocate a child from UAE. They also ensure whether it is in the larger interest of the child or not. The law considered the relocation decision as a significant change in the child’s life.

Additionally, it also greatly impacts the child’s relationship with the non-custodial parent. Therefore the UAE family courts exercise extra caution while making decisions.

Normally it is preferred that the parents mutually decide on child relocation. In case, the agreement cannot be reached then the matter proceeds to family courts in UAE.  They will analyze the situation and require compelling reasoning before making a final judgment.

The family courts in UAE will account for certain factors including employment, family support abroad, better education,  communication with other parents, and more.

Family lawyers in the UAE will ease the legal process with their knowledge, expertise, and experience. They offer legal guidance over family matters and also ensure the interest of the child remains at the topmost priority.