Things can change fast during a separation or divorce. A parent may be given an opportunity for employment abroad, return to his/her home country, remarry or move closer to family support. But moving is never just a personal decision when there is a child involved.
The custodial parent in Dubai does not have an inherent and unrestricted right to relocate the child to another nation. The UAE legislation prioritises the child’s wellbeing as well as both parents’ rights.
Understanding Custody and Guardianship
Custody is defined in Federal Decree-Law No. 41 of 2024 on Personal Status as the daily care, upbringing and welfare of a child. Guardianship is a bigger responsibility for the child’s affairs and major decisions.
Article 112 explains that custody involves upbringing, raising and caring for the child while protecting the guardian’s rights. This distinction matters because having physical custody does not necessarily mean that one parent can make every major decision alone.
Federal Decree-Law No. 41 of 2022 on the Civil Personal Status Law provides a different framework for non-Muslim families falling within the federal civil personal status regime, based largely on joint custody following divorce. The law to be applied shall therefore be identified before action is taken, particularly in cases where the parents are expatriates.
Can a Custodial Parent Relocate With the Child?
A permanent move outside the UAE should not normally be undertaken unilaterally where the consent of the other parent or approval of the court is required.
Article 115 of the Personal Status Law is especially important. It states that a custodian’s right to custody may be revoked if the custodian moves to a location with the intention of residing there and the relocation is not in the best interests of the kid.
This means that the act of moving does not, in itself, cause loss of custody. The main issue is whether the move is in the best interests and welfare of the child.
Temporary Travel Is Different From Permanent Relocation
Parents should also distinguish between taking a child abroad temporarily and permanently changing the child’s country of residence.
Under Article 116, a custodial parent may travel outside the UAE with the child with the written approval of the other parent, or the relevant guardian where applicable.
Where consent cannot be obtained, the court may authorise travel for one or more periods not exceeding, in total, 60 days in a year, generally subject to a guarantee for the return of the child. The court may allow a longer period where it is in the child’s benefit to travel, or it is required for treatment, or it is necessary in the circumstances.
Permission for a holiday or temporary visit should not simply be treated as permission for permanent relocation.
What Will the Court Consider?
There is no one list that will determine if relocation will be approved. The circumstances of each family are assessed on a case-by-case basis with the child’s best interests being paramount.
The court may look at the underlying reason for the move, the child’s age and circumstances, education, health, accommodation and family support in the proposed destination. It may also consider the effect of the move on the child’s relationship with the parent left behind in the UAE.
A parent seeking relocation should therefore be able to present a realistic plan explaining where the child will live, where the child will study, how healthcare will be arranged and how regular contact with the other parent can continue.
Travel expenses, holidays, video calls and the practical ability of the child to spend time with both parents may all become relevant considerations.
With extensive experience in personal status and cross-border family matters, Mrs. Awatif Al Khouri deals with matters involving custody, guardianship, visitation and relocation disputes. In cases of this nature, looking at the wider effect of relocation on the child is particularly important rather than focusing only on the wishes of either parent.
What About Non-Muslim Parents?
The general default position following divorce is joint custody for non-Muslim parents subject to Federal Decree-Law No. 41 of 2022.
Pursuant to Article 21 of Cabinet Resolution No. 122 of 2023, the parent shall not take the child out of the UAE during the period of joint custody without the consent of the other parent. The dispute may also be referred to the competent court.
Article 22 also allows a parent to seek a temporary travel restriction where there are justified concerns that the child may be taken outside the UAE without consent. The parent might seek permission from the court if later travel is needed
What Happens if a Parent Leaves Without Permission?
Removing a child from the UAE without the other parent’s consent, or without the approval of the court, can have serious consequences.
Article 252 of the Personal Status Law states that a custodian parent who takes a child out of the UAE without permission could face jail time and/or a fine between AED 5,000 and AED 50,000. An unauthorised move can also lead to custody proceedings and requests for protective or return orders.
Parents should therefore avoid travelling first and attempting to resolve the legal position afterwards.
Conclusion
Child relocation cases are rarely just about whether one parent wants to move. The real question is how the proposed relocation will affect the child’s stability, education, care and continuing relationship with both parents.
As Mrs. Awatif Al Khouri emphasises through her extensive work in family and cross-border matters, relocation requires careful consideration of both the legal framework and the practical realities facing the child. A clear, child-focused plan is often essential when seeking or opposing permission for a move.
We are also pleased to share that the Child Relocation 2026 UAE Law & Practice chapter has now been published in the Chambers Global Practice Guides, authored by Mrs Awatif Al Khouri. Our chapter provides practical insight into custody, guardianship, travel and relocation issues under UAE law. It examines the legal framework governing parental responsibility, custody, guardianship, travel with children, relocation disputes and child abduction. It also explains the different regimes that may apply under Federal Decree-Law No. 41 of 2024 on Personal Status, Federal Decree-Law No. 41 of 2022 on Civil Personal Status, and the Abu Dhabi civil family-law framework.