Child Relocation Comparative Guide

1. Legal Framework

1.1. What local legislative and/or regulatory provisions govern child relocation in your jurisdiction?

In the United Arab Emirates, the relocation of a child is governed by the Personal Status Law. The newest version of this law, Federal-Decree Law 41/2024), was recently released and now replaces the old law (Federal Law No. (28) of 2005 Concerning Personal Status), and any provision that contradicts or conflicts with the provisions of this Decree-Law and the law attached to it shall be repealed.

This law came into effect on 15 April 2025 and covers cases pertaining to the custody and guardianship of children when the parents wish to relocate a child, typically following a divorce or separation. Whilst this law is likely to primarily be utilised by Muslims, it applies by default as the law of the land to whoever seeks its application. The Judge will apply this law unless a party requests the application of another law, for example another applicable law within the UAE jurisdiction or a law from the jurisdiction of where they were married, where they are resident, or where they come from.

The provisions of this law shall apply to all events that occurred after its provisions are into force. In addition, it applies retrospectively to deeds of divorce, divorce proceedings, and proof or denial of lineage proceedings, for which a final judgement has not been issued.

This new law marks a significant step forward in accommodating the diverse personal status needs of Muslim residents in the United Arab Emirates.

Federal-Decree Law 41/2022 and its Implementing Regulation 122/2023 apply to all non-Muslims in all emirates except Abu Dhabi; while Abu Dhabi Law 14/2021, as amended by 15/2021 and its Implementing Resolution 8/2022, applies to non-Muslims and Muslim foreigners from non-religious law-practising countries. However, the Muslim personal status law, Federal-Decree Law 41/2024, is the default law in case of any gaps in the non-Muslim laws. Hence, in the context of child relocation, the Muslim personal status law is the main governing legislation. Furthermore, Federal-Decree Law 36/2022 contains information on the relocation of children in the criminal context.

1.2. Do any bilateral or multilateral instruments or treaties with effect in your jurisdiction have relevance to child relocation?

The United Arab Emirates is a signatory to the United Nations Conventions on the Rights of the Child and is committed to upholding the principles outlined in Article 9 of the convention, which directly addresses issues relating to child custody and separation. Article 9 provides that a child must not be separated from his or her parents against their will, except where competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary and in the best interests of the child. Such circumstances can include:

• abandonment;
• abuse; or
• where the parents live apart and a decision must be made regarding the child's place of residence.

The child will have the right to maintain personal relations and direct contact with both parents regularly, unless this is contrary to their best interests. This provision ensures transparency and minimises adverse consequences for the affected individuals. These principles provide the basis on which the United Arab Emirates approaches questions of child custody and relocation, with an emphasis on judicial oversight and the best interests of the child.

1.3. Which administrative bodies are responsible for implementing and enforcing the applicable regime in your jurisdiction? What is their general approach in doing so?

In the United Arab Emirates, the implementation and enforcement of child custody and relocation matters involve multiple administrative and judicial bodies. These different entities use the United Arab Emirates' personal status laws and regulations to ensure that decisions relating to custody and relocation are made in the best interests of the child. The most important administrative authorities include the following:

• Family courts: The personal status courts – and the family guidance section in particular – bear the central role in enforcement matters relating to child custody and support orders. These committees – particularly the conciliatory service – serve as the first point of contact for family disputes, which include custody and relocation cases. They mediate between the parties to encourage amicable resolutions before the case proceeds to court.
• Ministry of Justice and Ministry of Foreign Affairs: These ministries play a role in the authentication and attestation of foreign court orders with respect to child custody and relocation. Their involvement ensures that foreign orders meet the necessary legal requirements for enforcement in the United Arab Emirates. The Ministry of Justice is responsible for the judiciary and ensures that all custody and relocation decisions are enforced properly, including cross-border enforcement under bilateral or multilateral treaties. In cases of international relocation or disputes, the Ministry of Foreign Affairs facilitates diplomatic channels to address custody or relocation issues.
• Execution courts: Once an order is enforceable in the United Arab Emirates, either party can ensure that the order is being adhered to by seeking its enforcement via the execution court in the relevant emirate or at a federal level.

The general approach of these bodies is to:

• prioritise the child's welfare;
• encourage parental cooperation; and
• ensure that legal procedures are followed rigorously to uphold not only the rights of the child but also the principles of justice.

2. Parental Responsibility

2.1. How is the principle of parental responsibility defined in your jurisdiction and what does it encompass?

In the United Arab Emirates, the principle of parental responsibility is primarily defined by the Personal Status Law, Federal Law 41/2024, which outlines the duties of both parents in the care and upbringing of a child. Parental responsibility includes custody and guardianship, each serving a different purpose:

• 'Custody', which usually goes to the mother, refers to the daily care of the child and physical custody.
• 'Guardianship', which is usually given to the father, includes:
• • financial maintenance;
  • making important decisions in regard to travel and upbringing; and
  • overseeing the child's affairs.

The general responsibility for the child's welfare is vested in both parents, whose decisions must be in the best interests of the child, taking into consideration their physical, emotional and educational needs. This dual system stems from Islamic principles codified in the Personal Status Law.

However, custody and guardianship for non-Muslims in the United Arab Emirates are subject to Federal Law 41/2022, in which the default is joint custody and guardianship for both parents. The same is stipulated under Abu Dhabi Law 14/2021 as amended by Law 15/2021, applicable to both non-Muslims and Muslim foreigners from non-religious law countries. The United Arab Emirates courts:

• prioritise the child's best interests when making decisions about custody and guardianship; and
• have the discretion to deviate from traditional arrangements if deemed necessary for the child's welfare.

2.2. Who has parental responsibility in your jurisdiction, and how is it acquired?

The law provides that parental responsibility is automatically acquired by both parents at the child's birth. In the United Arab Emirates, parental responsibility is divided into custody and guardianship, with each parent playing a different role. Upon divorce for Muslims:

• the mother is usually provided with the role of custodian, undertaking the day-to-day care and upbringing of the child; and
• the father is generally considered the guardian, with responsibility for:
• • financial maintenance; and
  • important decisions about travel and upbringing.

The custody and guardianship rights of each parent can be challenged before the relevant personal status court if the parent is seen as unfit. Such decisions will be made:

• in accordance with the criteria set out in the relevant personal status law; and
• within the judge's discretion.

For non-Muslims, the law provides for a default in which both parents are the custodian and guardian of the children upon divorce. However, each parent has the right to challenge or dismiss the custody of the other parent if they are found to be unfit. It is within the relevant personal status court's discretion to determine whether to alter the arrangement of joint custody and award one parent sole custody.

2.3. How does the regime apply in relation to the following family structures?

The family law regime in the United Arab Emirates applies differently to various family structures.

(a) Civil partnerships

The United Arab Emirates does not acknowledge civil partnerships legally. Its legal system mainly concentrates on marriages between a man and woman. In recent times, some provisions have been accommodated with regard to non-Muslim expatriates, such as Abu Dhabi Law 14/2021 as amended by Law 15/2021 and Federal Law 41/2022, which permit marriages between non-Muslims and foreign Muslims from non-religious law practising countries in a civil ceremony without the need for a guardian's consent or witnesses. This law is mainly for expatriates and does not specifically address civil partnerships, but provides recognition of a non-traditional union.

(b) Blended families

Blended families, where at least one of the parents already has children from a previous relationship, are subject to similar considerations in UAE law as traditional families. Parental responsibilities towards the children from previous marriages are generally subject to the terms of the Personal Status Law. This means that custody is given to the biological mother and guardianship to the biological father. Stepparents do not automatically gain legal rights or responsibilities toward their stepchildren unless they:

• formally adopt the stepchildren, which is not widely recognised under UAE law; or
• obtain a court order for guardianship in exceptional cases.

(c) Adoption

Adoption, as it is known in many Western countries, is not recognised under UAE law due to Islamic principles, which do not permit the conventional form of adoption. In its place, the UAE exercises Kafala – a type of guardianship whereby a person assumes the care and responsibility of a child without severing the child's legal ties to their biological family. Under Kafala, parental responsibilities such as education and healthcare are bestowed upon the guardian, but the child does not take up the family name of the guardian and there are no automatic rights of inheritance. While Kafala is supposed to provide for the wellbeing of the child, it does not confer the full legal rights of adoption. Non-Muslim expatriates may be able to adopt children from their home countries or through their country's embassy in the United Arab Emirates, but the process may be quite complex.

(d) Surrogacy

Surrogacy was not legally recognised in the United Arab Emirates, as it was banned under both Islamic law and UAE civil law. However, the United Arab Emirates' new approach to reproductive treatment options now allows for new methods that were previously constrained by the prohibitive measures outlined under Article 9(3) of Federal Law 7/2019. These new reproductive treatments, including surrogacy, are no longer prohibited for non-Muslims as per the recent amendment to the 2019 law under Federal Law 17/2023. Where a child is born through surrogacy abroad, if the biological parents are the parents on the child's birth certificate, they should face no issues in establishing parenthood in the United Arab Emirates. However, surrogacy arrangements in general have no formal standing in the United Arab Emirates, with parental responsibility always subject to the laws concerning marriage and birth.

(e) Same-sex parents

The United Arab Emirates does not recognise same-sex relationships. Same-sex parents do not, therefore, have any legal recognition for parental rights or responsibilities. In the event of the birth of a child to a same-sex couple, complicated legal status may arise regarding the child due to custody and guardianship being within the premises of the traditional family structure in the United Arab Emirates.

3. Permission to relocate

3.1. When must a parent seek permission to relocate, and from whom? Does this vary depending on:

(a) Whether the parent is planning to relocate within the jurisdiction or outside the jurisdiction?

In terms of relocation within the jurisdiction of the United Arab Emirates post-divorce, the mother may relocate with the child to any other city within the United Arab Emirates without the father's consent, provided that such relocation does not:

• negatively impact the child's education;
• harm the father; or
• create unusual hardship or expenses for visitation.

If a father would like to relocate between Abu Dhabi and Dubai, a mother cannot reject such relocation due to the fact that the trip between the two emirates is possible within a day. Thus, a father can go back and forth between the emirates for work or family reasons. However, if relocation is required between emirates such as Abu Dhabi and Ras Al Khaimah, a judge may not allow a father to do so, as it takes roughly four hours to drive between the emirates, which is not practical to do twice a day.

For the purpose of relocation outside of the United Arab Emirates' jurisdiction, this is dealt with by Article 116 of the Federal law of 2024

The UAE courts require express permission before a parent can take a child out of the country. This is because the courts want to ensure that such a decision serves the best interest of the child and prevents any unauthorised removal of the child from the jurisdiction. The new Personal Status Law, Federal Law 41/2024, does not provide for a parent to unilaterally decide on relocating the child abroad without the approval of the other parent or the court – particularly when it involves the possible disruption of the child's relationship with the non-relocating parent. The custodian, who is usually the mother, cannot take the child for travel outside the United Arab Emirates without written consent from the guardian, usually the father. If the guardian withholds consent, the application must be referred to a judge. Neither parent has the right to transfer the child for permanent residence in another country without the consent of the other parent.

(b) Whether the removal is temporary or permanent?

Temporary relocation: A temporary relocation, such as for a short-term work assignment or family visit, may not require formal permission if both parents agree. However, where the relocation would significantly affect the child's life or if the other parent objects, the court may demand permission. Again, the determining factor remains whether the temporary move would disrupt the custodial arrangement or cause harm to the child's relationship with the non-relocating parent.

Permanent relocation: A permanent relocation would be a long-term or indefinite move that may change the child's residential arrangements and relationship with the other parent. This needs a formal application to the court for an order. The court will factor in whether the move will serve the best interest of the child, considering factors such as:

• stability in the child's life;
• the relationship between the child and the non-relocating parent; and
• any possible harm that the move could cause to the emotional or psychological wellbeing of the child.

There is, however, one exception to the rule against permanent relocation: where one parent has already emigrated to another country for permanent residence and does not return to the United Arab Emirates, the other parent with custody or with whom the child resides may relocate the child outside the country.

3.2. If the other parent agrees to the relocation, what formal requirements apply in this regard?

When both parents in the United Arab Emirates agree to the relocation of a child, there are still formal requirements that must be observed. The primary requirement is the issuance of a court order approving such a move, even if both parents consent. This is to ensure that:

• the best interests of the child are observed; and
• the relocation is recognised by law.

The parents must bring this agreement before the court, which will then consider factors such as:

• the relationship of the child with each parent;
• the age and maturity of the child; and
• the motives behind the move.

The court may also require supporting documents for the move, such as:

• proof of employment;
• enrolment in school; or
• housing at the new location.

Also, if the move is out of the country, jurisdiction and enforcement of custody orders must also be sorted out in the new country.

3.3. Where permission to relocate is refused by the other parent, either fully or partially, what avenues are open to the relocating parent to resolve the issue?

If the other parent refuses relocation permission entirely or partially, the relocating parent can pursue several avenues to remedy the situation. The main course of action is to file for a petition order from the courts in the United Arab Emirates for permission to relocate. The court will rule on what is in the best interests of the child, considering matters such as:

• the relationship of the child with each parent;
• the child's age and maturity; and
• the motives for the intended relocation.

In the case of international relocation, an application may be made to the relevant local court, particularly where there is a perceived risk of wrongful removal or retention. In the case of non-Muslim expatriates, recent legal reforms may provide additional options under the new civil family law regime – namely Federal Law 41/2022 and Abu Dhabi Law 14/2021 as amended by Law 15/2021. All of these steps are likely to require the consultation of a local advocate who can:

• guide the migrating parent through the intricacies of UAE law; and
• serve the best interests of both the parent and the child.

3.4. What are the legal consequences of failure to obtain permission to relocate?

If a parent is unable to obtain permission to relocate from the other parent, they may consider pursuing legal action through the relevant local court by seeking a petition order for relocation in the United Arab Emirates (see question 3.3). Should a parent relocate with a child without obtaining the relevant permission or order in the United Arab Emirates, the remaining parent may file with the local courts for the return of the child. Additionally, as the United Arab Emirates is not a signatory to the Hague Convention, the remaining parent seeking the return of the child may only pursue legal action in:

• the United Arab Emirates; or
• the jurisdiction to which the child was taken.

Article (252) of Federal Law 41 of 2025 states that, without prejudice to any harsher penalty, any custodian who travels with the child under his/her custody without the permit of his/her guardian or the court, or uses a document or a copy thereof belonging to the child in custody or benefits from it unlawfully, shall be punished by imprisonment and a fine of not less than (5,000) five thousand dirhams and not more than (50,000) fifty thousand dirhams, or one of these two penalties.

4. Relocation Application

4.1. With which bodies are relocation applications filed?

In the United Arab Emirates, applications for relocation are usually made before the local court in the relevant emirate. An application should be made to the court:

• detailing the reasons for the proposed relocation; and
• demonstrating that it would serve the best interests of the child.

Applications for Muslims must be made before the Sharia court, while non-Muslim expatriate applications can be made before the specialised civil courts established in each emirate under the new civil family law regime.

4.2. What are the formal requirements for filing a relocation application?

Article 59 of the Child Rights Law (Federal Law 33/2016) states that:

Thus, it is a requirement to provide documentation regarding the social, psychological, health, criminal and financial status of the parent looking to relocate with the child. In certain cases, a psychological evaluation of the child may be requested by the court.

4.3. How does the process unfold, and what are the typical timeframes?

A request for departure with the child is made by filing an order on petition. If the necessary paperwork is prepared and included with the request, the judge will respond within 72 hours. This relates to short-term leave and subsequent return. After the court grants permission, the parent in this situation who wants to leave with the child in custody must guarantee their return to the country with the child after the specified travel period.

A lawsuit filed for the relocation and settling in another country will first go through the court of first instance. It is then subject to appeal to the court of appeal and Court of Cassation. It should not take more than one year, as it includes a review of the reasons and defences of each party, weighing one against the other based on the interest of the child subject to relocation. An appeal can be made within 30 days of the date of issuance of a judgment. Following the appeal and within 30 days, there is an additional opportunity to challenge the decision before the Court of Cassation. The child may be transferred to the party who prevails following the issuance of the case's final and conclusive judgment.

4.4. What costs are involved in filing a relocation application?

The cost of relocating the child must be borne by the parent looking to relocate with the child; the other parent is not obliged to bear these costs. However, each party will bear their own legal fees in a child relocation case as the court will not oblige either party to cover the legal fees of the other party. Additionally, the Dubai Court of Cassation has previously determined that the cost of travel tickets abroad is not considered part of alimony payments.

4.5. How are the following factors weighed in deciding on a relocation application?

(a) The views and preferences of the child

The court may take the child's wishes into account, particularly where the child has reached a sufficient age and understanding to express a considered view, although this is not always a determining factor and is weighed against what the court deems is in the best interests and welfare of the child.

(b) The age and maturity of the child

Federal law 41 of 2024 has unified the age of maternal custody for both boys and girls to 18 years. This change replaces the previous framework, where custody ended at age 11 for boys and 13 for girls. Additionally, Article 122 of the new law states that when the child in custody reaches the age of (15) fifteen, he/she is entitled to choose to reside with one of his/her parents, unless the interest of the child in custody requires otherwise.

This approach modernizes custody determination by focusing more on psychological and developmental stability.

For both Muslims and non-Muslims, the child's age and maturity will be considered in light of the child's ability to relocate comfortably.

(c) The needs of the child

The courts will first consider:

• the child's educational, health and emotional needs; and
• how these will be met in the new location compared to the current situation.

Thus, the courts expect that a parent wishing to relocate with a child must submit documentation proving that the child will be well taken care of. This may include proof that the child will have sufficient accommodation, school enrolment and insurance in the foreign jurisdiction.

(d) The importance of family unity

One of the principles of the personal status laws in the United Arab Emirates is to keep siblings together. However, this is not an absolute requirement. If it becomes necessary to separate children, this too may be acceptable. For instance, where one of the children turns 18 and intends to relocate to attend university, that is their right under the law. However, in terms of relocating with children under the age of 18, if the parents accept that one child is to relocate with one parent and the other is to remain with the other parent, that is acceptable. Otherwise, it is within the court's discretion to determine whether it is in the best interests of each child to relocate or not relocate separately or together.

(e) The loss of a relationship with the remaining parents

UAE laws maintain the right to continued communication between parents and children, and there is no room for loss of contact. Communication between the child and his or her parents, therefore, must not be severed, except where the child deems it necessary not to be in contact with either parent for whatever reason. Additionally, arrangements can be made in which the child or the non-relocating parent can visit the other.

(f) The desire of the relocating parent to move

The courts will consider the reasons for relocation, such as career opportunities or family support. However, these are balanced against:

• the child's best interests; and
• the rights of the other parent.

(g) How settled the child is in the home jurisdiction

This factor will also be considered, especially with regard to the child's:

• education;
• social network; and
• cultural links.

The following will also be considered:

• whether the parent wishing to relocate with the child is planning to move back to their home country;
• the child's familiarity with the foreign jurisdiction; and
• the presence of family there.

However, disrupting the life of a well-settled child may be held against the party wishing to relocate.

(h) The parents' immigration status and ties to both the jurisdiction and the jurisdiction of relocation

For expatriate families, this is particularly relevant. Courts will consider the stability of the parents' residency status in both the current and proposed locations.

(i) The relocating parent's plans post-relocation

The courts will require a clear plan that should contain:

• proof of employment;
• housing arrangements; and
• educational provisions for the child in the new location.

(j) Other

Other factors include:

• the financial consequences of relocation;
• cultural compatibility; and
• any potential risks or benefits to the welfare of the child.

4.6. On what grounds can the application for relocation be opposed and by whom?

The non-relocating parent or any other person with a legally recognised interest in the child's welfare, such as a guardian, may object to an application for relocation in the United Arab Emirates. The main reasons for opposition are usually concerns that the child's welfare or best interests might be compromised by the relocation.

Article 115(c) of the Personal Status Law (Federal Law 41/2024) highlights the following factors with regard to relocation:

• relocation with the intention of settlement;
• the avoidance of harm to the mother;
• the distance between the two countries, which should not prevent one parent from seeing the child and returning on the same day using normal means of transportation, and
• difficulties for the guardian in fulfilling his or her duties towards the child.

These conditions must be considered by the parents in the event that one of them wishes to relocate abroad with a child. If the other parent does not consent, the matter will be referred to the judge, who will address these conditions and render a decision as to:

• what is in the best interests of the child; and
• whether the child should remain in the UAE or relocate with one of the parents.

4.7. If the application to relocate is granted, can this be made subject to conditions or restrictions?

Where an application to relocate is granted, the UAE court may attach conditions or restrictions to ensure that the best interests of the child are preserved. Examples include:

• conditions relating to the visiting contact arrangements of the non-relocating parent;
• a requirement for the relocating parent to report regularly and in detail on the welfare and education; or
• an order for the parent to deposit a bond or guarantee to secure compliance with the orders of the court.

5. Child Abduction

5.1. Is child abduction a criminal offence in your jurisdiction? If so, how is it defined and what does it encompass?

'Child abduction' is defined under the Penal Code (Federal Law 3/1987), the UAE Penal Code, as a crime affecting a family. The relocation of the child in custody after separation of the child's parents without the consent of the other parent or without the authorisation of the relevant court is regarded as illegal. A parent who wants to travel with the child must obtain the consent of the other parent.

Article 329 of the Penal Code states:

5.2. What are the likely penalties for this criminal offence?

As per question 5.1, the abduction of a child is punished by the penalty mentioned in Article 328 of the Penal Code. This penalty may be in the form of detention or a fine. Thus, if a child is taken away from their guardian without permission by a parent or grandparent, this is punishable by imprisonment or a fine under the Penal Code.

The new law has introduced, for the first time ever, penalties that would be enforced in addition to what the Penal Code states. The new family law includes a provision that, if a mother leaves as a custodian of a child without the consent of the father, she will be subject to penalties too.

5.3. Where a child has been abducted to your jurisdiction, what steps can be taken to secure his or her return? Should the left-behind parent pursue these steps in the home jurisdiction or your jurisdiction?

Where a child has been abducted to the United Arab Emirates, the left-behind parent should take steps both in the home jurisdiction and in the United Arab Emirates. In the home country, they should:

• file a police report; and
• contact that jurisdiction's central authority regarding international child abduction cases.

In the United Arab Emirates, the parent must file a case with the relevant local court as the United Arab Emirates – a non-signatory to the Hague Convention – does not automatically enforce foreign custody orders. The foreign custody order must also be sent to the Ministry of Justice, acting as the central authority to deal with international child abduction matters.

5.4. How do these processes unfold and what are the typical timelines?

The process typically involves filing an application before the local court in the relevant emirate for an order for the return of the child. The court will then consider various factors, including the child's habitual residence, which will indicate whether the child should be returned. This may vary significantly depending on the complexity of the case; however, as the United Arab Emirates is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, this may be a difficult and lengthy process in comparison to those in signatory nations of the Hague Convention.

5.5. What costs are involved for the left-behind parent?

These costs can be quite high for the left-behind parent. They may include:

• legal fees, in both the home country and the United Arab Emirates;
• travel expenses;
• translation costs for legal documents; and
• possible ongoing living expenses should the parent have to remain in the United Arab Emirates while waiting for the case to be determined. This may vary according to:
• • the specificities of the case; and
  • how long it will take for a decision to be issued.

5.6. What factors will the court consider in deciding on an order to return the child? What defences are available for the return of a child to the home jurisdiction?

The UAE courts will consider, in determining an order for the return of the child, what is in the best interests of the child. In determining a child's best interests, the following will be considered:

• the child's:
• • age;
  • relationship with each parent; and
  • wishes, if the child is of sufficient age and maturity; and
• any possible effect on the child due to relocation.

Defences against returning the child to the home jurisdiction may include whether:

• the child is now settled in their new environment;
• there would be a grave risk of harm if the child were returned; and/or
• the left-behind parent consented to, or subsequently acquiesced in, the removal.

5.7. Apart from an order to return the child, what orders are typically made in these processes for all parties involved—the child, the left-behind parent, and the abductor?

Along with an order for the child's return, a court may also issue orders concerning:

• custody;
• visitation rights of the non-custodial parent; and
• restrictions on travel of the child to prevent further abduction.

In appropriate cases, the court may order the child or either/both parents to undergo a psychological examination or counselling.

5.8. Will any other government authorities be involved or called for assistance?

The government authorities that may be involved in the United Arab Emirates include the following:

• The Ministry of Justice is the central authority for international child abduction.
• Police agencies may be involved as they may be responsible for:
• • locating the child; and/or
  • providing the necessary support to court orders.
• Immigration may become involved with issuing or helping to enforce the travel ban and monitor border crossings.
• Foreign nationals could also involve their foreign embassy or consulate.

6. Trends and Predictions

6.1. How would you describe the current child relocation landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The landscape regarding relocation within the United Arab Emirates is quite strict. The child's best interests are heavily prioritised and thus consent from both parents is required for permanent relocation. Neither parent can relocate the child out of the United Arab Emirates without the other parent's consent. Recent legal reforms introduced new rules of personal status concerning non-Muslims, which may affect the approach to child relocation by an expatriate family. However, there have been no formal legislative changes regarding child relocation as such. The law is likely to develop further and may include:

• increased use of digital tools to promote parental communication post-relocation; and
• possible legislative reforms that will bring clarity regarding relocation procedures in response to evolving family structures and cross-border challenges.

Given the United Arab Emirates's stance on international cooperation and its policy emphasis on child welfare, it is expected that UAE law will further adapt to meet the challenge of child relocation presented in a globalising world.

7. Tips and Traps

7.1. What are your top tips for seeking the return of a child in your jurisdiction, and what potential sticking points would you highlight?

Any application for the return of the child in the United Arab Emirates should be strategically approached and comprehensively prepared. To this end, it is imperative to immediately file the case before the local court in the relevant emirate where the child resides, as any delay could lead to further complications. The engagement of locally qualified lawyers and advocates with experience in international child abduction cases is necessary to address such complex cases. Another important factor is to ensure that all custody-related documents are translated into Arabic and attested by:

• the UAE embassy in the relevant foreign jurisdiction; and
• the Ministry of Justice and Ministry of Foreign Affairs in the United Arab Emirates.

This will ensure that such documents – including foreign court orders from the home jurisdiction – are admissible in the UAE courts. The presence of any bilateral agreements or reciprocity between the United Arab Emirates and a foreign jurisdiction will be helpful to any child relocation case. This process may be protracted and expensive, as the United Arab Emirates is not a signatory to the Hague Convention on Child Abduction. The habitual residence of a child is highly regarded in the eyes of the UAE courts and if a child has become settled in the United Arab Emirates, this may complicate efforts to return them to a jurisdiction abroad.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.