UAE Child Travel and Custody Law 2025: Complete Legal Guide
Introduction
International travel is not merely recreational for numerous expatriate families in the UAE; it is essential for the preservation of family bonds that transcend national boundaries. However, in cases of separation or divorce, a child’s capacity to travel overseas caused legal problems. Under the previous legal framework, the guardian had broad authority to restrict or prevent a child’s travel, which often led to disputes.
The 60-Day Travel Provision
The 60-day travel provision in Federal Decree-Law No. 41 of 2024 helps resolve parental standoffs regarding international travel.
General Rule Under Article 116
- Article 116(1) says that a custodial parent must obtain prior written consent of the other parent or guardian before travelling with the child outside the state.
- Article 116(2) gives the court the power to grant authorisation for a period not exceeding 60 days in a year.
Court Powers and Exceptions
- The court may extend the 60 days based on the child’s best interests.
- Extensions may include medical or urgent necessities.
- The court must ensure safeguards for the child’s return.
Comparison With Previous Law (2005)
| Aspect | 2005 Law | 2025 Reform |
|---|---|---|
| Travel Approval | Guardian’s written approval mandatory | A court can override refusal |
| Time Limit | No clear limit | 60-day defined period |
| Flexibility | Limited | Expandable based on need |
The previous legislation permitted a parent to submit a refusal by the guardian to the judge; however, it lacked a codified, specific time-limited window for court-authorised travel. Under that previous regime, the absence of clear timeframes often resulted in prolonged travel bans that hindered the international lives of expatriates and separated families. The 2025 reforms achieve a balance between the child’s right to maintain international relationships and the non-custodial parent’s right.
Legal Custody and Document Possession
One of the most stressful situations for divorced parents pertains to the custody of the child‘s physical documentation. The new law effectively ends this conflict by clearly dividing responsibilities to prioritise the child’s daily stability.
Passport Control Rules
- The guardian (typically the father) keeps the passport.
- He must legally deliver it to the mother when travel is planned.
- If he unreasonably refuses, the court can order the mother to keep it.
Daily Life Documents
- The custodial mother can retain:
- Original birth certificate
- Emirates Identity Card
This shift is profoundly human; it means that a mother doesn’t have to ask for permission every time. The law gives her these powers, which take away much of the stress and allow parents to focus on raising their child rather than fighting over paperwork.
Financial Responsibility and Adult Autonomy
Financial Duties Under Article 124
- The father is responsible for issuing identification documents.
- He must ensure renewal and validity of documents.
Rights After Age 18
- Children can retain their own passport.
- They gain control over identity documents.
The 2005 law originally lacked these specific mandates regarding renewal fees and automatic document retention. Historically, the absence of such precise legislation led to frequent disputes over administrative expenses and document possession, which the new reforms now decisively resolve.
Safeguards Under The Law
Penalties for unauthorised travel
- Imprisonment and/or a fine between AED 5,000 and AED 50,000.
- Applies if a child is taken out without permission or court order.
Misuse of Documents
- Custodians cannot use documents for unauthorised travel.
- Cannot act against guardian’s rights.
- Cannot act against child’s best interests.
If these provisions are violated, the guardian can request the court to remove document custody from the custodian.
Conclusion
The 2025 legal changes are a big step forward in finding a balance between the needs of modern, mobile families and the necessity for stability. These changes to custody laws in the UAE place the child’s right to have a normal life first, while also making sure that both parents’ rights are protected in a clear and enforceable way. The change to the Gregorian calendar under Article 2 for the calculation of all time periods is a significant update that further aligns the UAE with international standards. Federal Decree-Law No. 41 of 2024 makes the UAE’s family law a welfare-based system that focuses on the child’s stability during the minority period.
