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Specific Country Information About
Child Abduction:
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International
Parental Child Abduction
United Arab Emirates
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.
Source: U.S. State Dept. |
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.
Jeremy D. Morley
International Family Law
230 Park Avenue, 10th Floor
New York, NY 10169
jmorley@international-divorce.com
Tel: (212) 372-3425
Fax: (815) 301-6742 |
