Dubai Courts introduced a new mechanism in 2024 to simplify how approved travel-ban decisions involving guardians and children are implemented. The change reduced manual steps within the Personal Status Execution process and allowed an approved travel-ban cancellation to be reflected in the system more efficiently once the required judicial approval was issued.
However, the reform did not remove the legal rules governing whether a divorced or separated parent can travel outside the UAE with a child. Consent, custody arrangements and court permission can still be required depending on the family-law framework that applies.
Parents should therefore distinguish between two separate issues: obtaining legal permission for the child to travel and implementing or lifting an existing travel ban through Dubai Courts.
What Did Dubai Courts Change in 2024?
Dubai Courts announced a new mechanism within its Personal Status Execution Department to streamline travel procedures involving guardians and wards.
Under the earlier mechanism, implementation could involve a judicial decision followed by additional communication with enforcement authorities before the travel restriction was temporarily removed from the system.
The newer mechanism introduced greater system integration so that, once the required approval is obtained and the judge signs the relevant decision, cancellation of the applicable travel ban can be processed more efficiently.
This was an administrative and execution-related reform. It should not be understood as a general rule allowing one parent to take a child outside the UAE without the consent or court permission otherwise required by law.
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Can a Divorced Parent Travel Outside the UAE With a Child?
The answer depends on the family-law framework governing the custody arrangement.
Under Federal Decree-Law No. 41 of 2024 on Personal Status, a custodial parent can travel outside the UAE with the child with the written approval of the other parent. If the father has died, the relevant consent can involve the guardian over the person as provided by the law.
If consent is not available, the custodial parent can apply to the court for permission to travel with the child.
The current law forms part of the broader changes to UAE family law explained in our guide to the updated UAE Personal Status Law and child custody rules.
How Long Can the Court Allow a Child to Travel?
Under the current Personal Status Law, the court can authorise a custodial parent to travel with the child for a period or periods totalling up to 60 days in a year, subject to a guarantee acceptable to the court that ensures the child’s return.
The year is calculated from the first travel permission.
The court can allow a longer period where the travel is in the child’s interests, required for medical treatment or justified by another necessity considered by the court.
This is a statutory framework for court-authorised travel and should not be treated as a general 60-day entitlement without considering the specific custody arrangement and court decision.
Can the Other Parent Request a Travel Ban?
Yes, travel restrictions can still arise where there is a genuine dispute or concern about a child being taken outside the UAE.
For families governed by the federal civil personal status framework for non-Muslims, joint custody is generally the starting point after divorce. Where one parent objects to the other taking the child outside the UAE, the travelling parent cannot simply make the decision alone and can apply to the competent court for permission.
Either parent can also apply for a temporary travel ban on the child where there are justified grounds. The court decides the application according to the circumstances and the child’s interests.
What Happens Under Joint Custody?
Joint custody changes the way travel decisions are handled because both parents retain an active role in decisions concerning the child.
Where the civil personal status framework applies and one parent objects to international travel, the other parent must obtain permission from the competent court before taking the child outside the UAE.
The court can also require guarantees to ensure that the child returns to the UAE on the specified date.
This is why parents should not assume that being a joint custodian automatically gives either parent an unrestricted right to travel internationally with the child.
Who Keeps the Child’s Passport After Divorce?
Under the current Personal Status Law, the guardian can generally retain the passport of the child in custody.
When authorised travel is required, however, the passport must be handed to the custodian.
If the guardian unreasonably refuses to provide the passport when it is needed, the court can order that the passport remain with the custodian.
The custodian can also retain the child’s original birth certificate and other identification records, or an authenticated copy, as provided by the law.
What If the Other Parent Refuses to Consent to Travel?
A refusal does not necessarily mean that the child can never travel.
Where agreement cannot be reached, the custodial parent can apply to the competent court and ask for permission. The court can consider:
- the reason for the proposed travel;
- the length of the trip;
- the child’s interests;
- the likelihood of the child returning to the UAE;
- the position of the other parent or guardian;
- any existing custody or travel-ban orders; and
- the guarantees offered to secure the child’s return.
The outcome depends on the facts of the individual case rather than an automatic rule in favour of either parent.
What Happens If a Child Is Taken Abroad Without the Required Permission?
Parents should not treat child-travel consent as a minor administrative formality.
Under Federal Decree-Law No. 41 of 2024, a custodian who travels outside the UAE with a child without the permission required from the guardian or the court can face criminal consequences.
The law provides for imprisonment and a fine of between AED 5,000 and AED 50,000, or either of those penalties, in the circumstances specified by the law.
This is more precise than describing every disputed trip as “child abduction.” The legal consequences depend on the applicable law, custody arrangement, permissions obtained and facts of the case.
How Is a Child Travel Ban Lifted in Dubai?
Where a travel ban already exists, the parent should distinguish between obtaining permission for travel and implementing the lifting of the restriction.
Dubai Courts’ 2024 reform streamlined the execution stage so that an approved cancellation can be reflected through the court system more efficiently after the required judicial decision.
Dubai Courts also provides electronic channels for personal-status and petition-related applications, with the resulting decision issued electronically where the relevant service applies.
The documents and procedure depend on the existing judgment, custody arrangement and type of application. Parents should therefore check the exact court order and travel restriction before making travel arrangements.
Does the 2024 Dubai Courts Reform Permanently Remove All Future Travel Restrictions?
No. The phrase “permanent lifting” used in connection with the 2024 mechanism refers to the handling of the particular travel restriction being cancelled through the execution system.
It does not mean that parents lose the right to raise future travel concerns or that courts can no longer impose another travel restriction where the legal conditions are met.
A new dispute, change in custody circumstances or justified concern about the child’s travel can still result in a new court application.
What Should Divorced Parents Check Before Travelling?
Before booking international travel with a child, a divorced or separated parent should check:
- which custody law and arrangement applies;
- whether written consent from the other parent is required;
- whether court permission is needed;
- whether an existing travel ban is recorded against the child;
- whether the child’s passport is available;
- whether the proposed travel falls within an existing court order;
- whether any guarantee is required for the child’s return; and
- whether a previous travel-ban cancellation has actually been implemented in the system.
These checks should be completed before relying on airline bookings or travel dates because obtaining permission and lifting an existing restriction are separate legal steps.
Child Travel Rules Depend on the Custody Framework
The 2024 Dubai Courts mechanism made the execution of approved child-travel decisions more efficient, but it did not create an unrestricted right for divorced parents to travel with children.
Under the current UAE framework, consent, custody rights, court permission, passport control and travel-ban orders can all affect whether a child can leave the country.
Parents dealing with a travel dispute should therefore identify the custody regime that applies and the exact court order in place before taking further steps. The broader family-law guidance available through Dubai Court Marriage can help explain how divorce, custody and child-travel issues interact under the current UAE framework.
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FAQs
Can a divorced parent take a child outside the UAE without the other parent’s consent?
Not automatically. Depending on the applicable custody framework, written consent or court permission can be required before the child travels outside the UAE.
How long can a court allow a custodial parent to travel with a child?
Under the current Personal Status Law, court-authorised travel can generally total up to 60 days per year, with longer periods possible where the statutory conditions are met.
Can either parent request a travel ban on a child?
Under the civil joint-custody framework, either parent can ask the competent court for a temporary travel ban where there are justified reasons. The court decides according to the child’s interests and the circumstances.
Who keeps the child’s passport after divorce?
Under the Personal Status Law, the guardian can generally hold the passport but must provide it when authorised travel is required. The court can intervene if it is unreasonably withheld.
What did Dubai Courts change about child travel bans?
Dubai Courts streamlined the execution process so that an approved travel-ban cancellation can be reflected in the system more efficiently after the required judicial decision.
Does lifting a travel ban mean the child can travel freely in the future?
No. Lifting one restriction does not prevent a parent from seeking another travel order or ban later if new circumstances or justified concerns arise.
What happens if a custodian takes a child abroad without the required permission?
Under the current Personal Status Law, unauthorised travel in the circumstances specified by the law can result in imprisonment and/or a fine of AED 5,000 to AED 50,000.
