In the UAE, parents engaged in custody disputes must secure mutual consent before taking their children to another country. Legal experts warn that failure to do so may constitute parental abduction, with severe consequences such as criminal charges or loss of custody rights.
Case Study: Custody Battle in Canada
A Dubai-based father filed a legal complaint in an Ontario court after his two children, aged 5 and 8, were taken to Canada by their mother under the guise of a family visit. Once in Canada, the mother declared her intent to keep the children there permanently. The Ontario court eventually ruled in the father’s favor, ordering the children to return to Dubai, allowing UAE courts to determine custody.
Emirati family lawyer Diana Hamade, representing the father, stressed the importance of a child's "habitual residence" in such cases. "When a child is removed without the consent of a parent, the left-behind parent must act quickly and file a legal complaint in the relevant jurisdiction," she said.
Best Interests of the Child
Hamade emphasized that custody laws in the UAE prioritize the child's well-being, addressing emotional, psychological, educational, and financial aspects. Expert testimony often plays a crucial role in proving how UAE laws safeguard these interests.
Legal Recourse for Parents
If a parent unlawfully relocates a child, the left-behind parent should:
- Report the incident to local authorities.
- File an urgent application in UAE courts to prevent further relocation.
- Engage the UAE Ministry of Foreign Affairs to coordinate with foreign authorities if the child is abroad.
Recent Reforms in Custody Laws
The UAE has modernized its family laws, especially for expatriates. Abu Dhabi’s Personal Status Law for non-Muslims, for instance, introduces joint custody provisions and prioritizes the child’s best interests, aligning more closely with international standards.
As UAE family law evolves, legal experts anticipate further reforms to better accommodate the nation's multicultural population while respecting local traditions.
