In the UAE, there is no single concept directly equivalent to “parental responsibility”. Decision-making authority over a child is addressed through custody, guardianship and, under the civil family law regimes, joint custody. Federal Decree-Law No 41 of 2024 (“Federal Personal Status Law”) applies in the circumstances specified in Article 1, including to UAE citizens where one or both parties are Muslim. Federal Decree-Law No 41 of 2022 on Civil Personal Status (“Federal Civil Personal Status Law”) provides the federal civil personal status framework for persons falling within its scope, subject to the choice-of-law provisions in Article 1. Abu Dhabi Law No 14 of 2021 and Decision No 8 of 2022 provide a separate civil family law framework for persons falling within their scope before the Abu Dhabi Civil Family Court.

Federal Decree-Law No 41 of 2024 on Personal Status

The Sharia-based Federal Decree Law No 41 of 2024 provides for the custody and guardianship of children. Under Article 112, custody concerns the preservation, upbringing and care of the child, while guardianship concerns the broader supervision of the child’s affairs.

During marriage, Article 114 provides that custody is upon both parents. Following separation, the mother is first in the statutory order of custody, followed by the father, although the court may depart from that order where the child’s best interests require. Article 112 further provides that the father – or another guardian where applicable – generally oversees the child’s affairs, discipline, orientation and education. However, a custodial mother has educational guardianship over the child, subject to the child’s best interests and the court’s power to determine any dispute concerning educational guardianship. Separately, Article 106 generally places responsibility for a child’s maintenance on the father, subject to the conditions set out in that Article.

Under Articles 122 and 123, the custody of the child ends at the age of 18 years regardless of gender. Once a child reaches the age of 15, they are free to choose to reside with either parent, subject to the child’s best interests.

Federal Decree Law No 41 of 2022 on Civil Personal Status

The Federal Civil Personal Status Law provides for joint custody of the child till the age of 18 years. Thus, both the father and the mother have an equal and joint right over the children.

Abu Dhabi Law No 14 of 2021 on Civil Marriage and Its Effects

According to Article 16(4) of the Abu Dhabi Civil Personal Status Law, the parents shall have equal rights regarding child custody until the age of 16 years; after this age, the child shall have the right to choose between their parents.

Under the Federal Personal Status Law, a birth mother does not need to make a separate application to obtain parental responsibility. Article 87 provides that a child’s lineage to the mother is established by proof of birth. In practice, the mother’s identity is usually recorded through the birth certificate and related hospital or civil-registration documents.

Once maternity is established, the mother will ordinarily be entitled to exercise custody of the child, which includes the child’s day-to-day care, upbringing, health and welfare, subject to any court order and the child’s best interests. This is distinct from guardianship, which may be exercised by the father under the Federal Personal Status Law.

Under the Federal Civil Personal Status Law, there is likewise no separate parental responsibility application for a birth mother. Article 14 provides that a child’s parentage may be established through marriage or the declaration of the father and mother, following which the relevant authority issues the child’s birth certificate in accordance with the applicable procedures.

Under the Abu Dhabi civil family law regime, there is likewise no separate application by a birth mother merely to acquire custody rights. Article 14 of Abu Dhabi Law No 14 of 2021 addresses proof of the child’s parentage and the procedures for issuing the child’s birth certificate. Following divorce or separation, both parents generally have joint legal and physical custody, unless one parent waives that right or the court orders otherwise.

Under the Federal Personal Status Law, a father does not usually need to make a separate application to obtain parental responsibility once legal parentage has been established. Article 87 provides that paternity may be established by birth during a valid marriage, by acknowledgement, by evidence or by scientific methods. Article 90 permits the court to order DNA testing in specified circumstances, including where there is a dispute over the establishment of lineage. Before determining lineage on that basis, the court must also verify that the child’s lineage is unknown and that the age difference supports the claimed relationship.

Once parentage is established, the father will ordinarily exercise guardianship rights and responsibilities in relation to the child, including financial support and general supervision of the child’s affairs. This remains distinct from physical custody, which may be exercised by the mother, subject to the court’s orders and the child’s best interests.

Article 14 of the Federal Civil Personal Status Law provides that parentage may be established through marriage or by the acknowledgement of the father and mother. The court may also order DNA testing, but an order establishing parentage on that basis is subject to statutory conditions, including that the child is of unknown parentage and that the age difference is consistent with the claimed relationship. Once legal parentage is established, both parents generally participate in joint custody following divorce under Article 10.

Under the Abu Dhabi civil family law regime, Article 14 of Law No 14 of 2021 provides that the child’s paternity may be established by marriage or by the declaration of the father or mother. Once parentage has been established, the father generally participates in joint legal and physical custody under the Abu Dhabi civil family law framework, subject to any contrary court order.

A person who is not the child’s legal or biological parent does not automatically acquire parental rights merely by caring for the child or being married to one of the child’s parents. Any authority over the child must arise under the applicable statutory framework, a recognised legal relationship or an order of the competent court.

UAE law also provides for foster or alternative family arrangements. Federal Law No 3 of 2016 on Child Rights recognises alternative care through a foster family where a child is deprived of the natural family environment. The Executive Regulations prescribe eligibility conditions and obligations for foster families. Such arrangements place responsibility for the child’s care on the foster family but do not, by themselves, create the same legal lineage as biological parentage.

Article 14(3) of the Federal Civil Personal Status Law also permits the Cabinet to regulate the procedures and legal consequences of adoption and alternative family arrangements. The precise position of a non-genetic parent therefore depends on the legal basis on which that person’s relationship with the child is recognised.

Federal Decree-Law No 41 of 2024 on Personal Status

Article 87 of Federal Decree-Law No 41 of 2024 provides that a child’s lineage to the father may be established by birth during a marriage contract, by admission, by evidence or by scientific methods. Article 88 further regulates proof of paternal lineage where the child is born during an existing marriage, including by reference to the statutory minimum and maximum periods of pregnancy.

Federal Decree-Law No 41 of 2022 on Civil Personal Status

Article 14 of the Federal Civil Personal Status Law provides that parentage may be established through marriage or by the acknowledgment of the father and mother. Marriage may therefore provide a direct basis for establishing parentage, although the law also provides mechanisms for establishing parentage outside marriage.

Abu Dhabi Law No 14 of 2021 on Civil Marriage and Its Effects

Under the Abu Dhabi civil family law regime, Article 14 of of Abu Dhabi Law No 14 of 2021 provides that a child’s paternity may be established by marriage or by the declaration of the father or mother. Marriage is therefore one of the statutory means by which paternity may be established under the Abu Dhabi framework, but it is not the only means provided by law. The conditions and procedures for issuing the child’s birth certificate are determined by the Abu Dhabi Judicial Department.

The UAE legal framework does not recognise same-sex marriage nor provide a separate process for obtaining parental responsibility in same-sex relationships.

As a general rule, UAE law does not operate the traditional adoption model under which an adopted child acquires a new legal lineage equivalent to that of a biological child. Instead, Federal Decree-Law No 24 of 2022 Regarding Children of Unknown Parentage provides for children of unknown parentage to be placed in the custody of approved custodial families. Such arrangements provide for the child’s care and upbringing without creating biological lineage.

Separately, Article 14(3) of Federal Decree-Law No 41 of 2022 on Civil Personal Status authorises the Cabinet, on the proposal of the Minister of Justice, to issue a resolution regulating the procedures, provisions and effects of adoption and alternative families. Accordingly, any application falling within the civil personal status regime must be considered by reference to the specific legislation and implementing rules applicable to the particular circumstances.

In Abu Dhabi, Law No 14 of 2021 on Civil Marriage and Its Effects and Decision No 8 of 2022 establish a separate civil family law framework. Decision No 8 of 2022 expressly includes adoption within the definition of “Civil Family Matters” falling within the framework of the Abu Dhabi Civil Family Court. However, that definition does not by itself create a complete substantive adoption procedure, nor automatically confer parental responsibility. Any such application must therefore be considered by reference to the legislation and procedures applicable to the particular circumstances.

Relocation of the child in the UAE commonly arises in the context of a parent seeking to take a child outside the UAE temporarily for holidays, education, medical treatment or family visits, or permanently following separation or divorce. The applicable legal position depends on whether the family is governed by the Federal Personal Status Law, the Federal Civil Personal Status Law or the Abu Dhabi Civil Personal Status Law. In either case, the consent of the other parent is important while making such decisions, as UAE law underscores the importance of the involvement of both parents in the affairs of their children.

Short-Term Travel

Under Federal Decree-Law No 41 of 2024 on Personal Status Law, the custodial parent may travel outside the UAE with the written consent of the other parent or the guardian over the person in the event of the father’s death; in the absence of consent, the court’s permission may be sought. The guardian, usually the father, retains the passport of the child and hands it over to the custodian (usually the mother) for authorised travel. If the guardian unreasonably refuses to hand over the passport, the court may intervene. The court may grant permission to the custodial parent to travel with the child for a period or periods not exceeding a total of 60 days in a year, provided that a guarantee is provided to the court to ensure the return of the child. The court may exceed the 60-day period where the travel is for the benefit of the child, for treatment or for another necessity determined by the court after considering the other parent’s or guardian’s position.

Under the Federal Civil Personal Status Law, joint custody is the starting point following divorce. Article 21 of Cabinet Resolution No 122 of 2023 provides that, while joint custody is in effect, neither parent may travel outside the UAE with the child by unilateral decision where the other parent objects, unless permission is obtained from the competent court. Travel requires the other parent’s consent or an order of the competent court.

Under Article 37 of Abu Dhabi Decision No 8 of 2022, neither parent may travel outside the UAE with the child unilaterally while joint custody is in force. Travel may take place with the written consent of the other parent authorised by the court, or with permission from the judge where the other parent objects. The court may also require sufficient guarantees for the child’s return.

Permanent Relocation

A permanent relocation abroad is materially different from a short trip. A permanent relocation abroad should not be undertaken unilaterally where the applicable regime requires the other parent’s approval or court permission. The court examines the practical impact of the intended move, including the child’s welfare, stability, education and care arrangements, and the effect on the other parent’s relationship with the child. If the custodian relocates to a place with the intention of residing there, the custody of the child may be forfeited as per Article 115 (c) of the Personal Status Law if the relocation is against the child’s best interests.

For families governed by the Federal Personal Status Law, Article 124 of Federal Decree-Law No 41 of 2024 states that the child’s identification documents may not be used for travel without the guardian’s permission or a court order. This sits alongside the rules requiring consent or court permission for travel outside the UAE.

Under the civil family law regimes, both parents may apply for a temporary travel ban to prevent the child from leaving the UAE without consent. This is expressly provided for under Article 22 of Cabinet Decision No 122 of 2023, which implements the Federal Civil Personal Status Law, and under Article 38 of Abu Dhabi Decision No 8 of 2022 on the Civil Marriage and Divorce Procedures in Abu Dhabi. Where either parent is concerned that the other may relocate the child from the UAE without agreement, they may file an urgent application before the competent court, setting out the reasons for the requested restriction. The court will decide whether a travel ban is justified in the circumstances of the case. Once such a ban is in effect, if a parent wishes to travel outside the UAE with the child, they may approach the court requesting the court to allow travel with the child.

Please see 2.3.1 Factors Determining an Application for Relocation regarding the factors considered by the court when determining a contested relocation application.

Where the consent required for relocation is not available, the parent seeking to relocate with the child cannot simply proceed on the basis that they are the child’s day-to-day carer or that the move may benefit them personally. The issue should be resolved through an agreed parental settlement arrangement or, where agreement is not possible, by the competent UAE court.

Under the Federal Personal Status Law, where the required written approval of the other parent or, following the father’s death, the guardian over the person cannot be obtained, the custodial parent may apply to the court for permission to travel with the child. The court may authorise travel where it is satisfied that the arrangement serves the child’s interests, and may impose conditions to ensure the child’s return.

Where the proposed move is intended to be permanent, the court will consider the wider consequences of the relocation, including whether it would affect custody, the guardian’s rights or the child’s relationship with the parent remaining in the UAE.

In deciding whether to permit relocation, the court will assess the circumstances of the proposed move, including:

• the reason for relocation;
• the child’s age and wishes, where relevant;
• education and healthcare arrangements;
• housing;
• family support in the proposed country;
• the relocating parent’s immigration or employment position; and
• the practical arrangements for the child to maintain contact with the other parent.

The court may permit, refuse or impose conditions on the proposed relocation.

Under the Federal Civil Personal Status Law, joint custody is the starting point after divorce. Cabinet Decision No 122 of 2023 provides that neither parent may travel outside the UAE with the child by unilateral decision during joint custody. Where there is disagreement regarding travel or relocation, either parent may refer the matter to the competent court.

A similar approach applies under Abu Dhabi Law No 14 of 2021 and Abu Dhabi Decision No 8 of 2022. Parents generally have equal rights under the joint custody framework, and the Abu Dhabi Civil Family Court may make directions regarding the child’s residence, travel, schooling and contact arrangements, and any safeguards required before travel.

Before or during proceedings, the parents may resolve the issue through a parental settlement agreement, which may address:

• the child’s proposed country of residence;
• travel arrangements;
• education and healthcare decisions;
• handover arrangements;
• holiday contact;
• online communication;
• passport custody;
• financial responsibilities; and
• arrangements for the child’s return to the UAE, where applicable.

A parental settlement may reflect arrangements previously determined in a foreign court order, or may contain arrangements newly agreed between the parents. The procedure for recording or approving such an agreement depends on the applicable family law regime. Under the Federal Personal Status Law, the supervising judge may refer the parties to the Family Guidance Department where amicable resolution is considered feasible. However, urgent and temporary cases are expressly excluded from referral, including urgent and temporary orders concerning custody. If a settlement is reached before the Family Guidance Department and approved by the supervising judge, it has the force of an execution writ.

Under the Federal Civil Personal Status Law, divorce proceedings filed under that law are expressly excluded from referral to Family Guidance and are presented directly to the court.

Under the Abu Dhabi civil family law regime, Article 39 of Decision No 8 of 2022 expressly excludes civil divorce cases from submission to Family Guidance Committees, and provides that they are submitted directly to the Civil Family Court. Accordingly, the route for approving or giving effect to a parental settlement should be determined by reference to the applicable legal regime and the nature of the proceedings.

Federal Decree-Law No 41 of 2024 expressly requires consent or court permission for travel outside the UAE; however, internal relocation must still serve the child’s best interests and may affect custody if it harms the child or disrupts contact with the other parent.

Under Federal Decree-Law No 41 of 2022, and in Abu Dhabi under Law No 14 of 2021, an internal move that materially affects joint custody should be agreed between the parents or determined by the court.

The court may consider whether the distance will affect the child’s stability, schooling or transport arrangements and the other parent’s involvement, particularly where the parents have agreed or court-ordered contact arrangements.

Under the Federal Personal Status Law, a custodian’s move may become an issue where it prevents or seriously restricts the guardian’s ability to exercise rights relating to the child. The court will consider whether the proposed residence is suitable and whether the move serves the child’s best interests.

Under the Federal Civil Personal Status Law and the Abu Dhabi civil family law regime, a parent who objects to an internal move may apply to the competent court where the relocation would disrupt the joint custody arrangement or materially affect the child’s relationship with that parent.

A parent who removes a child from the UAE without the consent required under the applicable custody, guardianship or joint custody arrangement may face legal consequences before the UAE courts. The other parent may seek urgent protective measures, including a travel ban, custody-related orders or other appropriate relief, depending on the circumstances and the applicable legal regime. The position will depend on matters such as whether there was an existing court order or settlement agreement, whether the child was taken permanently or temporarily, and whether the removal was contrary to the child’s best interests.

Article 116 of Federal Decree-Law No 41 of 2024 regulates travel outside the UAE with a child in custody. Article 252 provides that a custodian who takes a child under custody outside the UAE without the permission of the child’s guardian or the court may be punished with imprisonment and/or a fine of between AED5,000 and AED50,000. The same Article also applies where the custodian uses a document or copy thereof belonging to the child, or benefits from it, without rightful cause.

Article 251 deals separately with misconduct by persons responsible for managing the affairs of a minor or the like, including misuse of the minor’s property or documents and unjustified refusal to hand over the minor’s documents, accounts or related materials. It should therefore be distinguished from Article 252, which specifically addresses unauthorised travel outside the UAE with a child in custody.

The Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law do not contain the same detailed penalty provisions. However, both laws provide that where a matter is not specifically addressed, the relevant laws in force may apply. As a result, a parent who is subject to the civil family law framework and fails to comply with travel, document or custody-related obligations may also face legal consequences under the relevant laws in force.

The United Arab Emirates is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Accordingly, where a child has been removed from the UAE without consent, the left-behind parent would generally need to seek urgent relief in the country to which the child has been taken, relying on the laws and procedures of that country, while also obtaining appropriate custody, guardianship or travel-related orders from the UAE courts where necessary.

The fact that the child has been taken to a Hague Convention country does not itself create a Hague Convention remedy, as the Convention operates between contracting states and the UAE is not a contracting state.

Where a UAE custody, guardianship or return order has been obtained, the left-behind parent may need to seek recognition or enforcement of that order, or other return relief, in the country to which the child has been taken. The procedure will depend on the domestic law of that country and any applicable bilateral or multilateral agreement with the UAE.

The UAE is not a party to the Hague Convention on the Civil Aspects of International Child Abduction; therefore, the procedures and remedies available under the Convention do not apply in the UAE. Cases involving children brought to or retained in the UAE are dealt with under the applicable UAE laws and court procedures (see 3.4 Non-Hague Convention Countries).

The UAE is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Accordingly, there is no automatic Hague Convention procedure requiring the immediate return of a child brought to the UAE. A parent seeking the return of the child must rely on the applicable UAE laws, any relevant international or bilateral agreement, and the orders of the competent UAE court.

Child Removed or Brought From a Foreign Country to the UAE

Where the parent seeking the child’s return already has a foreign judgment or order concerning custody or return of the child, they may seek its recognition and enforcement in the UAE under Article 222 of the UAE Civil Procedure Law, subject to any applicable treaty or agreement.

The application is submitted by petition to the Execution Judge. Before ordering enforcement, the Judge must verify that:

• the UAE courts are not exclusively competent to determine the dispute;
• the foreign court had jurisdiction under its own law;
• the judgment or order was issued in accordance with the law of the country concerned and duly ratified;
• the parties were properly summoned and represented;
• the judgment has the force of res judicata; and
• it does not conflict with a UAE judgment or order or with UAE public order or morals.

Article 222 provides that the Execution Judge shall issue an order within five days from submission of the petition. The order may be appealed. The Judge may also request supporting documents before issuing the decision.

Where the foreign decision takes the form of an authenticated document or a court-approved settlement rather than a judgment, Article 224 provides a separate mechanism for enforcement, subject to the conditions stated in that provision. Articles 222–224 are also subject to any applicable treaties or agreements between the UAE and the foreign country under Article 225.

Where There Is No Enforceable Foreign Order

Where there is no foreign judgment capable of recognition or enforcement in the UAE, the parent may need to commence proceedings before the competent UAE family court concerning custody, residence, guardianship or other appropriate relief relating to the child.

The UAE court will determine the matter under the personal status regime applicable to the family. The child’s welfare and best interests will be an important consideration, together with matters such as:

• the existing custody arrangements;
• the circumstances in which the child was brought to the UAE;
• the child’s relationship with each parent;
• stability;
• education and care arrangements; and
• any existing foreign proceedings or orders.

Criminal Proceedings

In certain circumstances, the removal or retention of a child may also have criminal consequences. Article 380 of Federal Decree-Law No 31 of 2021 on the Crimes and Penalties Law applies where a parent or grandparent abducts a minor child, or refuses to return or deliver the child to the person entitled to custody or care under a final judicial decision or judgment. Such criminal proceedings are separate from the family or enforcement proceedings concerning the child’s return.

Where international criminal co-operation is sought, this is governed by Federal Law No 39 of 2006 concerning International Judicial Cooperation in Criminal Matters and any applicable treaty arrangements. Extradition is dealt with through the competent prosecution, central and judicial authorities and should not be treated as an automatic consequence of a parental child-abduction complaint.

Costs and Timescale

There is no fixed cost or standard timescale for a non-Hague child-return case in the UAE. Costs will depend on:

• the nature of the proceedings;
• court fees;
• legal representation;
• translation and authentication of foreign documents;
• expert requirements;
• appeals; and
• enforcement proceedings.

The duration will similarly depend on whether the application concerns the enforcement of an existing foreign judgment or requires fresh custody or child-related proceedings. Urgent or interim applications may be dealt with more quickly, while contested proceedings involving jurisdiction, foreign judgments or appeals may take longer.

Relevance of the Country From Which the Child Was Removed

The country from which the child was brought can affect the procedure. In particular, the existence of a bilateral or multilateral judicial co-operation treaty between that country and the UAE may affect the recognition and enforcement of foreign judgments and the procedural route available.

Where no applicable treaty exists, recognition and enforcement will generally be considered under Article 222 of the UAE Civil Procedure Code. The foreign country may also be relevant when the UAE court considers the validity and effect of an existing foreign judgment or custody arrangement. However, the ultimate approach will depend on the facts of the particular case and the applicable UAE family law regime.