Can a Divorced Parent Take Child Out of Country?

Children are precious and they are greatly loved. That is why when a divorce happens or marital relationship breaks down, they are the ones who are greatly impacted. If you and your spouse are taking a separate road, the last thing you want to happen is for your spouse to take your child out of the country without your consent. Read the rest of this article and get to know more about Dubai Divorce Law child custody.

Parental abduction cases

Parental abduction happens when one parent hides, takes, or withdraws the child from the other parent or family member. In the UAE, parental child abduction is considered to be a criminal offence. Among the most common form of parental abduction is when a parent takes their child out of the country.

It is important to note that the UAE isn't part of the 1980 Hague Convention of the Civil Aspects of International Child Abduction. Because of this, the UAE courts do not enforce or handle foreign custody orders. A child custody lawyer could further explain how this could affect your case.

Preventing a spouse from bringing your child outside the country

If you suspect that your spouse is leaving the country with your children or there is a possibility that this may happen, then you need to act fast.

Gather pieces of evidence such as emails, text or voice messages, and Facebook posts, to name a few that would support your claim that your spouse is planning to take your child away from you.

From there, you would need to hire one of the family lawyers in Dubai to help you file a travel ban on your child or children. Once you have appointed a lawyer and all the pieces of evidence were presented, the local UAE court would then proceed in assessing your case.

If your assumption is substantiated by your proofs, then the UAE court would apply a travel restriction on your child. The immigration department would stop your child from leaving the country in any UAE airport.


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Child Custody During Separation

A report was released in 2016 and it shows that one in four marriages in UAE ended in divorce. Divorce can get so ugly and emotional and the ones affected the most are the children. For this reason, it has been a constant question for many people how child custody works in the UAE especially while the divorce is still ongoing. In this case, getting an overview of Dubai Divorce Law child custody would help you make a better decision during your legal battle.

Hadana principle in the UAE

Hadana is an Arabic phrase which means, "means holding a child close to one's heart by protecting and educating." Traditionally, hadana applies to the mother. It means, by default, the mother becomes the custodian of the children while their father becomes the guardian. Lawyers in Dubai could explain this concept very well to you.

While the hadana principle is commonly practiced in the UAE, things can easily change and get complicated. There are certain laws in the UAE that could change how child custody works.

Expatriates and child custody

UAE nationals are governed by the Sharia Law. However, for expats, they have the option to apply the divorce law of their home country or rather choose to be under the Sharia Law.

This is where things can get too complicated. When the expat's home country law goes directly in conflict with Sharia Law, the latter would automatically be imposed. In this case, a divorce lawyer in Dubai can help you determine the best course of action.

According to Sharia Law, the child should live with their mother until they reach their 13th birthday for a girl and 11th birthday for a boy. If the child is at the right age, they can choose to apply for custody.


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