By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
International Child Abduction and USA Expatriates Custody Disputes in the United Arab Emirates
The United Arab Emirates (UAE) is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
The UAE does not have a formal Hague tribunal and those enforcement mechanisms found in Hague Convention signatory countries.
Therefore, parents who believe their child has been abducted to the UAE from USA (or another country), may seek assistance, through diplomatic channels, from their home country’s central authority or the UAE Ministry of Justice. However, any custody dispute and/or petition to return the wrongfully abducted child to the USA, will have to be handled primarily through the local UAE family courts.
The biggest challenge in child custody disputes or international child abduction cases of expatriates in the UAE, is the enforcement of foreign custody orders, such as those from the United States or other Western jurisdictions, which, while may be presented the UAE court, who can take it into consideration, are usually not enforceable in the UAE. This is particularly important when a U.S. parent seeks to enforce a U.S. custody decree in the UAE, as the local court will instead apply UAE family law principles, including Shari’a law, to make custody determinations.
Therefore, for USA expatriates living in Dubai or Abu Dhabi involved in an international custody dispute or international child abduction, understanding the UAE laws on such issues is crucial.
Understanding Custody matters in the UAE: Islamic (Shari’a) law (Personal Law).
In any custody understanding the UAE child custody laws is crucial, especially in light of its unique concepts of “guardianship” and “custodianship.”
- Guardianship: The father is usually the guardian, so he is the one responsible for the financial support of the child(ren). This includes the provision of necessary resources for the child’s upbringing, education, and health care.
- Custodianship: The mother is usually the custodian, is the one responsible for the physical custody and care of the child(ren) (e.g. making day-to-day decisions regarding the child(ren)’s welfare, including their living arrangements, education, and overall emotional well-being).
Custody Considerations:
The UAE’s Personal Law focus on the child’s best interests, while at the same time on maintaining defined and traditional parental responsibilities, taking into considerations several factors listed below:
1. Religion/Nationality: Custody decisions are generally profoundly influenced by the religion and nationality of the parents. Priority is usually given to the Muslim father, regardless of his nationality, especially when the mother is a non-Muslim. If both mother and father are non-Muslim, the UAE courts may apply the best interests of the child along with other factors.
2. Mother’s Custody Rights: Under Shari’a law, Muslim mothers, unless deemed unfit or remarry, are generally granted custody of their female children under the age of nine and male children under the age of seven. After the children reach such age, custody may be transferred to the father. In any case, if a child has reached an age of discretion, courts may allow the child to choose which parent he or she wish to live with.
- Incompetence of a Parent: A parent may lose custody if they are found incompetent. A finding of incompetence may arise from behavior deemed inconsistent with Islamic principles. In such instances, custody may be granted to the father or, in certain cases, to the father’s side of the family (e.g., the child’s paternal grandmother).
- Remarriage of the Mother: If the custodial mother remarries, she may lose her custody rights. This provision is based on the assumption that the new spouse may not be considered a suitable guardian of the child under Shari’a law.
- Age of Discretion: The age of discretion varies, and the child may have the right to express a preference for one parent over the other once they reach a certain age. In practice, this age is generally around 12 or 13 years, although this may vary depending on the individual judge’s interpretation of the child’s maturity.
3. Parental Rights and Custody Challenges: Parents may challenge the custody order of a court if they believe that the other parent is unfit and/or unable to provide adequate care. Moreover, parents have the legal right to seek visitation rights and take preventative measures to prevent parental child abduction (removal of the child from the UAE or relocate them internationally).
4. Foreign Law Applied to Custody Cases: In such cases, parents may also explore the possibility of applying foreign laws to their custody proceedings if certain criteria are met. This option is particularly relevant for expatriates, as UAE law permits expats to request the application of their home country’s legal system in child custody matters under specific circumstances. In the recent years, the UAE legal system has undergone notable reforms about the custody rights of non-Muslim expatriates. Specifically, a new decree-law on personal status for non-Muslims in the Emirate of Abu Dhabi has created a significant change in the legal framework for child custody and divorce matters.
Visitation Rights of the Left Behind Parent:
In a custody case, non-custodial parent generally has the right to visitation with child. Depending on the case, the UAE court may grant visitation rights -approval from the authorities may be necessary in some cases- depending on the case. In cases in which the custodial parent refuses visitation of a child with the non-custodial parent, the non-custodial parent may have to resort to court intervention to enforce their rights. Despite the fact that non-custodial parents are legally entitled to regular visitation under the UAE law, enforcing such rights truly depends on the relationship of the parents and the position of the custodial family.
Strategic Considerations in Cross-Border Cases Involving the United Arab Emirates
When the UAE is involved, international child-abduction and custody planning must begin early, with close attention to UAE family law, Sharia-based principles, and the country’s non-participation in the Hague Convention.
Effective representation therefore requires early risk assessment, precise jurisdictional analysis, and coordination with experienced UAE counsel to ensure that U.S. strategies, local procedures, and enforcement realities remain aligned. Once a child is taken to or retained in the UAE, legal options may narrow significantly, and outcomes can be difficult to predict.
At Multi-Jurisdictional Divorce, PLLC, we advise parents to act before borders are crossed, not after. If the UAE is part of your family’s legal landscape, early, coordinated strategy can be decisive. Cross-border child disputes demand precision, foresight, and timely legal guidance to protect what matters most.