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Child Relocation in the UAE: Law, Parental Responsibility and the Child’s Interests

Mukhtar Gharib’s UAE Law and Practice chapter for Chambers Global Practice Guides: Child Relocation 2024.

2024CHAMBERS GLOBAL PRACTICE GUIDESFAMILY LAW

Sr. Adv. Mukhtar Gharib authored the United Arab Emirates Law and Practice chapter of Chambers Global Practice Guides: Child Relocation 2024. The chapter addresses parental responsibility, custody, guardianship, travel and relocation involving children within the UAE legal framework.

Relocation is a family-law question before it is a logistical one

For internationally mobile families, relocation may arise because of employment, family reunification, residency changes or a decision to return to another country. Once a child is involved, however, the issue becomes more than a question of where a family intends to live.

The 2024 UAE chapter considers how parental authority and custody interact with the court’s responsibility to protect the child’s interests. It also explains that the applicable legal framework may differ depending on the parties and the personal-status regime governing the family.

Federal and local legal frameworks

The chapter describes the relationship between UAE federal legislation and local court systems, including the distinction between federal and local courts and the existence of different personal-status frameworks for Muslim and non-Muslim families.

It also addresses the importance of jurisdiction, because questions concerning custody, guardianship, travel and parental responsibility can be affected by where proceedings are filed and which legal regime applies.

In cross-border child matters, the legal question is rarely confined to one parent’s wish to move. The child’s welfare, parental rights, jurisdiction and enforceability may all need to be considered together.

Parental responsibility and the child’s interests

A recurring theme in the contribution is the court’s focus on the interests and protection of the child. Where parents disagree about decisions affecting a child, the legal process may be required to determine the issue.

The chapter also discusses the development of joint-custody concepts for certain non-Muslim families and the circumstances in which court intervention may become necessary.

Why the 2024 contribution still matters

The publication provides a useful record of the UAE child-relocation framework as it stood in 2024 and illustrates the complexity faced by multinational families whose lives extend across jurisdictions.

Because UAE personal-status legislation has continued to develop since publication, individual legal propositions in the 2024 guide should be checked against the legislation currently in force before being relied upon today.

Original publication

Child Relocation 2024 — UAE | Law and Practice, Chambers Global Practice Guides. Author: Mukhtar Gharib.

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Publication context: 2024. UAE family and personal-status law has continued to develop since the guide was published. Current advice should be based on legislation and procedure in force at the time of the matter.
CONTRIBUTORSr. Adv. Mukhtar Gharib