Under Article 116 of Federal Decree-Law No. 41 of 2024 on the Personal Status Law, a custodial parent may travel abroad with the child with the other parent's written consent. Without it, the court can allow trips of up to 60 days in total a year, with a guarantee that the child will return. The guardian usually keeps the child's passport but must hand it over for travel (Article 117). Non-Muslim parents follow similar civil rules, and either parent can ask a court to stop a child travelling.
Who this guide is for
This guide is for separated or divorced parents in the UAE who want to take a child abroad, or who are worried that the other parent will. It explains consent, court permission, passports and travel bans. It builds on child custody for expats: key concepts, which explains custody and guardianship. If you fear a child is about to be taken abroad unlawfully, contact the police and the court urgently.
The rules under each law
| Law | Travel abroad with the child | Passport and documents |
|---|---|---|
| Personal Status Law 2024 (Muslim families and others it covers) | The custodial parent needs the other parent's written consent, or the consent of the guardian if the father has died. Otherwise, the court may allow one or more trips totalling up to 60 days a year, counted from the first permission, with a guarantee the court accepts. It can allow longer for the child's interest, treatment or a necessity, after hearing the other parent (Article 116). | The guardian may keep the passport except when the child travels, when it is handed to the custodian. The court can order the passport to stay with the custodian if the guardian obstructs. The custodian keeps the birth certificate and ID card (Article 117). |
| Federal civil law for non-Muslims (Cabinet Resolution No. 122 of 2023) | During joint custody, a parent may not take the child abroad by their own decision if the other parent objects, unless a judge allows it. The court may require guarantees that the child will return (Article 21). | Not set out separately. Ask the court. |
| Abu Dhabi civil law for non-Muslims (Resolution No. 8 of 2022) | During joint custody, a parent needs the other parent's written consent, authorised by the court on the court's form with the travel details, purpose, duration and any guarantees, or the judge's permission if the other parent objects (Article 37). | Not set out separately. Ask the court. |
Under Article 124 of the 2024 law, the custodian holds the child's documents but may not use them to travel without the guardian's or the court's permission. If the documents are misused, the guardian can ask for them back, and they return to the custodian only with the court's permission. The father pays for issuing and renewing them.
Can one parent stop the child from travelling?
Yes. There are several routes, depending on the law that applies:
- Personal status execution judge. Under Article 324(3) of the Civil Procedure Code (Federal Decree-Law No. 42 of 2022), this judge can order that a child in custody must not travel where travel would breach the conditions of the federal Personal Status Law. The order can be challenged by grievance (Article 324(4)).
- Federal civil law. After divorce, either parent can ask the court for a temporary ban on the child travelling, stating the reasons (Cabinet Resolution No. 122 of 2023, Article 22).
- Abu Dhabi civil law. After divorce, either parent can apply on the court's interim order form for a temporary ban, giving the objection or the danger involved (Resolution No. 8 of 2022, Article 38). The Abu Dhabi Civil Family Court describes this as a "prohibited steps order".
Every ban is at the court's discretion. To check for bans generally, see how to check a travel ban.
Writing a consent letter
The 2024 law requires written consent. The Abu Dhabi civil rules go further and require consent authorised by the court on its form. A simple letter may therefore not be enough in Abu Dhabi civil cases. Wherever you are, a clear, signed and notarised consent is easier to rely on. Include:
- Full names, dates of birth and passport numbers of the child and both parents
- The travelling parent's name and relationship to the child
- The destination countries and the travel dates, including the return date
- The purpose of the trip and the address abroad
- Contact details for the travelling parent during the trip
- A clear statement that the other parent consents to this trip only
- The consenting parent's signature and the date
Notarising the consent. The Abu Dhabi Judicial Department offers a notarised "declaration of no-objection to travel" (service ADJD-0050), in which a sponsor states that they do not object to the person they sponsor travelling with someone else. It is applied for online with a remote appointment, and the July 2023 service manual lists a fee of AED 500 and 2 working days. In emirates served by the federal courts, the Ministry of Justice offers authentication of contracts and deeds; ask whether it covers a travel consent and at what fee. Dubai Courts also provides notary services; check the current service with them. Foreign documents usually need attestation and legal translation. The destination country or airline may have its own rules.
Step by step
- Identify your law and court. Religion, emirate and a civil marriage decide which rules apply.
- Check your order or agreement. A custody judgment or settlement may already cover travel.
- Ask for consent early. Send the travel details in writing well before the trip.
- Put consent in the right form. Use a notarised consent, or the court's form in Abu Dhabi civil cases.
- Arrange the passport handover. Agree when the guardian will hand the passport to the custodian.
- Apply to court if the other parent refuses. Ask for permission and offer a guarantee of return.
- Travel only within what was agreed or allowed. Return on the stated date.
- If you fear abduction, apply quickly. Ask the court for a child travel ban and keep evidence of the risk.
Documents checklist
- Child's passport, Emirates ID and birth certificate
- Both parents' passports and Emirates IDs
- Custody judgment, divorce judgment or settlement agreement
- Written or notarised travel consent, or the court's permission
- Flight bookings, return ticket and address abroad
- Evidence for any guarantee offered, such as a return ticket or deposit
- Messages showing consent was requested or refused
- Legal translations of non-Arabic documents where required
The evidence checklist builder can help you keep these in order.
Common mistakes
- Assuming custody means free travel. Custody does not remove the consent rules.
- Relying on a verbal agreement. The law asks for written consent.
- Using an unsigned or vague letter. Name the trip, dates and destination.
- Keeping the passport to block a trip. Courts can order it handed over.
- Overstaying the agreed trip. It can lead to court action by the other parent.
When to speak to a licensed lawyer
Speak to a licensed family lawyer if the other parent refuses consent, wants to relocate abroad or holds the passport, if you fear the child will not be returned, or if a ban has been issued against your child. See preparing for your first meeting with a UAE lawyer. The free case check can help you set out the facts first, and CaseDaleel can introduce an independent licensed professional only if you choose.
Frequently asked questions
Can a mother travel with the child without the father's permission?
Under the 2024 law she needs his written consent or the court's permission, which can cover up to 60 days a year with a guarantee of return.
Who keeps the child's passport after divorce?
Under the 2024 law the guardian may keep it but must hand it to the custodian for travel, and the court can order otherwise if the guardian obstructs.
Is a notarised consent letter enough?
Under the 2024 law written consent is required and notarisation helps prove it, but in Abu Dhabi civil cases the consent must be authorised by the court on its form.
How do I stop the other parent taking our child abroad?
Apply to the court for a child travel ban, giving your reasons; the court decides in the child's best interests.
Do non-Muslim parents follow different rules?
Yes, the federal civil rules and the Abu Dhabi civil rules require the other parent's consent or a judge's permission during joint custody.
Can the court allow travel for longer than 60 days?
Yes, the 2024 law lets the court allow longer trips for the child's interest, treatment or another necessity, after hearing the other parent.
Official sources
- UAE Legislation — Federal Decree-Law No. 41 of 2024 on the Personal Status Law
- UAE Legislation — Cabinet Resolution No. 122 of 2023 on the executive regulation of the Civil Personal Status law
- Abu Dhabi Judicial Department — Abu Dhabi Law No. 14 of 2021 and Resolution No. 8 of 2022 (PDF)
- UAE Legislation — Federal Decree-Law No. 42 of 2022 issuing the Civil Procedure Code
- Abu Dhabi Judicial Department — Notarisation services guidance manual, July 2023 (PDF)
General information, not legal advice. CaseDaleel is not a law firm.