The United Arab Emirates has recently passed a new personal status law, namely the Federal Decree Law No. 41 of 2024 ("Law") that has brought about significant changes to the personal laws applicable to Muslim in the UAE, both nationals and expatriates. Although the Law was issued in October 2024, it will be enforced six months from the date of issue, i.e., in April 2025. While the new Law has altered provisions regarding divorce, child custody, alimony etc., in this article, we will focus on the changes to the laws regarding international travel with minors.
Dubai has emerged as a family destination for people from around the world. Individuals who come to the UAE to work often relocate to the country with their families, due to the security and the many amenities offered by the country. However, when married couples divorce, one of the parents may return to their native country, without the agreement or consent of the other parent. This leads to emotional distress and legal complications, in addition to disrupting the lives of the children involved. It is to prevent these complications that the new personal status law has issued certain provisions governing the possession of official documents of children, and the travel of minor children.
Custody and guardianship
Before delving into the provisions surrounding child custody, it is important to understand the distinction between a custodian and a guardian in the context of UAE laws.
Custody is defined under Article 112 of the new Law as the care, upbringing, and protection of children, and attending to their interests in a manner that does not conflict with the guardian's right to guardianship.
Article 128 further defines guardianship to include the general supervision of a minor's affairs- without conflicting the authority of the custodian- and taking care of the minor's property.
Thus, both articles refer to the meaning of the other term, highlighting the importance of both entities in a child's life.
Travel with children
Article 116 of the new Law stipulates particular guidelines for travel with child under custody. After a divorce, the custodian parent who is usually the mother of the child, can travel with their child after obtaining a written consent from the guardian parent who is usually the father of the child, as per Article 116 (1).
Alternatively, the custodian can seek the permission of the court to travel with the child. Article 116 (2) states that the court may grant permission to the custodian to travel with a child for up to 60 days. This period may be extended for certain reasons, such as
- medical treatment
- an urgent necessity, or
- if the travel is shown to be for the best interest of the child.
Who holds custody of travel documents?
As was the case under the old laws, the new Law, under Article 117 provides that the custodian has the right to hold the identification documents and the birth certificates of minor children while the guardian has the right to hold the passports. The guardian may handover the passport to the custodian when the latter requires it to travel with the children. If the guardian refuses to do so, the custodian may approach the court to order the guardian to handover the documents.
However, the Law has added new provisions to curb the misuse of the identification documents of the children. Article 124 of the Law states that if the custodian attempts to travel with the children without the consent of the guardian or the court, or uses the said documents in a way to harm the rights of the guardian, against the best interests of the children or for the custodian's personal gain, the guardian may obtain custody of the documents. In such instances, the guardian is responsible for the expense of obtaining and renewing the identification documents.
Criminal Sanctions
The new family Law for the first time, imposes penalties on individuals who commits acts that are detrimental to their families. Consequently, the Law imposes criminal sanctions on parties that attempt to disrupt the lives of children, either by harming their rights, or attempting to abduct them from their parents or guardians.
Article 251 (3) provides that if a parent does not handover the documents pertaining to the children, without any justification, to the parent who has the right to hold them, he/she may be liable to be imprisoned, and/or fined between AED 5000 and AED 100,000.
Furthermore, Article 252 states that if a custodian takes a child out of UAE, without the prior permission of the guardian of the child, or the court, or misuses the children's identification documents or gains benefits from it without rightful cause, he/she may be liable to be imprisoned and/or fined between AED 5000 and AED 50,000.
Conclusion
The newly established personal status laws protect the best interest of the children and the rights of guardians while ensuring their well-being. Although the laws do not directly refer to parental abduction of children, it provides a variety of tools and sanctions to deter such activities.
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.
