Under the new UAE personal status laws, effective April 15, 2025, custodian parents traveling with minors without first obtaining the consent of the child’s legal guardian or the approval of the court, will face significant penalties: fines of Dh5,000 to Dh100,000 and potential imprisonment. The law is designed to prevent the unauthorized relocation of minor children or child abduction, ensuring the rights of both parents and legal guardians are upheld.
Examples of Violations of the new UAE Personal Status Law:
- International Travel Without Consent:A mother, having legal custody of her child, decides to go abroad on vacation with the child. She did not first obtain the father’s consent or a court order, even though he retains joint custody. This is a violation of the law, because the child was taken out of the country without the father’s approval. The mother may face a fine and imprisonment for child abduction.
- Impact on a U.S. Citizen Trying to Take the Child:A U.S. citizen, the father of a child resident of the UAE, is in a custody dispute with the mother, who is a UAE national. The father attempts to travel with the child back to the United States without obtaining the mother’s consent or a court order. Under the new UAE laws, this is considered child abduction and/or unauthorized relocation, even if the father has custody rights in the U.S. Father may face severe legal consequences in the UAE (fines, imprisonment, and charges for kidnapping.) Additionally, the Father could be reported to international authorities such as Interpol, thus the child may be return to the UAE. Further legal proceedings under both UAE and international law may also be initiated. The UAE’s legal framework prioritizes the rights of custodians in the UAE jurisdiction, which may impact the father’s ability to legally retain custody and/or make future decisions regarding the child’s travel.
These examples show how the law is designed to ensure that no party can unilaterally make decisions about a child’s relocation and/or travel without either a court order from the UAE courts or the other parent consent, so protecting necessary legal steps and consent, so protecting against international parental child abduction and ensuring the child’s best interests.