In many cases, when an expatriate couple decides to separate, one spouse may want to return to their home country with the children. This can be for a multitude of reasons, including but not limited to career opportunities, family support, and wanting to be in familiar surroundings at a time of great stress and uncertainty.
Our family lawyers deal with child relocation issues in a sensitive manner. We are clear and concise in highlighting your rights regarding either relocating with your child or preventing said child from being removed from the UAE. You can be confident that when instructing us, you will be working with trusted family lawyers who are regarded as some of the most talented legal advisors in the region.
We are a fully digital law firm and are able to arrange video conferencing if this suits your needs.
Can I relocate abroad with my child if I am living in the UAE?
If you wish to relocate with your children, you need to obtain the consent of the other parent. Both parents must agree to their child being taken out of the country, even if for a holiday.
A failure to obtain consent could be classed as child abduction. If there is no agreement for a child to leave the UAE, a court application will need to be made to obtain an order granting permission to do so.
The Court will consider the balance between allowing children to move and insisting they remain in the same country to facilitate a relationship between the children and the non-custodial parent.
Ultimately each case will be judged on its own merits and the welfare of the children will remain the Court’s primary concern.
Will my wife be ordered to leave the UAE after we divorce, thereby taking my children abroad?
It is a common misconception that a woman will have her visa cancelled and be forced to return to her home country following a divorce in the UAE. If both parents agree to remain in the UAE with their children, an ex-wife can apply for an extension to her residence visa for a year from the date of the divorce until she can:
- obtain a visa independently through work;
- obtain a visa independently via the setting up of a company;
If you are concerned your child may be taken out of the country without your permission, you can apply for a travel ban.
Our family law team has over fourteen years of experience advising expats on child relocation matters. To make an appointment, please contact us: