INTERNATIONAL CHILD ABDUCTION IN THE UNITED ARAB EMIRATES
Taken from the U.S. Department of State Note:
We have worked on several cases concerning child custody and divorce
for expatriates in the United Arab Emirates, specifically Dubai and Abu
Dhabi. We work with local counsel there. Custody Disputes When
child custody disputes arise between parents, custody decisions are
based on Islamic (Shari’a) law. Non-UAE nationals resident in the UAE,
whether married to a UAE or non-UAE citizen, may file custody cases in
the UAE. Non-residents of the UAE may also file custody cases in the UAE, but may need to authorize a UAE resident and/or a lawyer
practicing in the UAE to act on their behalf for the duration of the
case. Non-Muslims are also permitted to file cases in the UAE family
courts, under Shari’a law. In determining issues of custody, UAE courts may take into
consideration the parents' religion, place of permanent residence,
income, and the mother’s subsequent marital status. Priority is
generally given to the Muslim father, irrespective of his nationality,
when the mother is a non-Muslim. As a basic starting point under
Shari’a law, a Muslim mother may be granted custody of girls under the
age of nine and boys under the age of seven, at which time custody may
be transferred to the father. If a child has attained an "age of discretion," that child may be
allowed to choose the parent with whom he or she wishes to live. A UAE lawyer should be contacted to discuss the definition of "age of
discretion." If the court finds the mother "incompetent," custody of a child,
regardless of age, can be given to the father, or to the child's
grandmother on the father’s side. A finding of incompetence is left
fully to the discretion of the Shari’a judge. Shari’a courts
consistently find parents incompetent if they engage in behavior that
is considered to be inconsistent with the Islamic faith. Further, a
mother may lose her rights of custody should she remarry. If both the
mother and father are ruled incompetent, custody of the children may be
given to the child's paternal grandparents. Enforcement of Foreign Judgments Custody
orders and judgments of foreign courts are not enforceable in the UAE. UAE courts will not enforce U.S. court decrees ordering a parent in the UAE to pay child support. An American parent with a U.S. court order
granting him or her custody can present that order to the court, and
the court may take it into consideration, but it will not be binding in
a custody proceeding in the UAE. Visitation Rights Non-custodial
parents are guaranteed visitation rights, but may have to seek approval
from the appropriate authorities. In some cases the custodial parent
and family have been very open and accommodating in facilitating the
right of the non-custodial parent to visit and maintain contact with
the child, but in other cases the custodial parent and family have not
been so accommodating. Dual Nationality Dual
nationality is not recognized under UAE law. Children of UAE fathers
automatically acquire UAE citizenship at birth, regardless of where the
child was born. In certain circumstances, UAE mothers can also transmit
citizenship. UAE citizens must enter and exit the country on UAE passports. Travel Restrictions Exit
visas are not required to leave the UAE. However, all persons exiting
the country must exit on the passport that shows proof of the person’s
legal status in the UAE, meaning either their residence or entry visa. A parent can obtain a court order that places a travel ban on a child,
and this ban will be enforced at all the airports in the country. If a
parent attempts to leave with a child who has been placed under a
travel ban, this could potentially lead to new legal issues concerning
the custody of the child.
