Through this article, I will highlight three important points that either of the spouses should consider, if the other half has kidnapped the child from another country to the UAE without proper authorization and consent. Children are always involved in these despicable events. However, such situations can be prevented by taking calculated legal measures within the UAE.

Federal Law No. 28 of 2005 on the Personal Status Law governs matters relating to custody and guardianship of children within the UAE. Pursuant to this Act, the mother is the natural guardian of the child, unless the court provides otherwise, while the father is the guardian who has the rights of supervision and maintenance of the child. Separately from the UAE Family Law, the UAE has promulgated various rules and regulations regarding child abduction and ways to return the child to its rightful custodian.

Although the United Arab Emirates is not a signatory to the 1980 Hague Convention on International Child Abduction and the Uniform Child Custody and Execution Act, the country has signed several bilateral treaties to prioritize the welfare of a child in child abduction cases. However, UAE courts usually follow their own laws to rule on these matters. More or less, child abduction cases are considered as custody cases; however, if the parent is proven to have abducted the child, he or she may face criminal penalties.

From now on, here are the three important points to keep in mind if you are faced with an international child abduction issue:

1. Appoint UAE Family Lawyers – The first and most important step is to hire a UAE Family Lawyer who can legally represent you before all relevant authorities and courts to gain custody of your child or ensure their safe return to your country of origin.

2. Filing a Custody Case: The Shariah Law Principles are the main source of the UAE Personal Status Law that applies in Custody cases. The second step in preventing child abduction is to file a custody case in the UAE family courts, after obtaining a divorce decree from the UAE or foreign courts. According to the law of the United Arab Emirates, Muslim mothers are the natural custody of the child at the age of 13 for a girl and at the age of 11 for the boy. However, custody can be contested by the father on grounds of incompetent conduct and remarriage. Conversely, non-Muslim mothers can apply the law of their home country as long as it does not conflict with local UAE law. In a third scenario, if the child’s father is Muslim and the mother is non-Muslim, custody of the child will be transferred to the father, due to the same religion as the child’s.

3. Urgent Travel Ban Request: According to the principles of Family Law, the father is the child’s guardian and has the ability to keep the child’s passport. However, if in any given circumstance, the mother wishes to remove the child to another country, the father can impose a travel ban on the children and vice versa. Either parent can apply to the judge to rescind the travel ban order, by presenting a guarantee of safe return of a child. The court has the discretionary power to apply travel restrictions based on the merits of the case and the best interests of the child.