Introduction

The relocation of children in UAE post divorce is a hot topic. When parents separate, one of the most sensitive and complex issues is whether one of them can relocate with the children. Relocation can have a profound impact on the child’s daily life, education, emotional well-being, and relationship with the other parent.

The UAE’s modern personal status laws provide clear rules to guide these situations. Yet, across all legal frameworks, one principle stands above all others: the best interests of the child always come first.

Which Laws Apply to the Relocation of Children in UAE?

The applicable legal framework depends on your religion and place of residence in the UAE:

Federal Law No. 41 of 2024 (for Muslims, though non-Muslims may opt in).
- Articles 112–123: Regulate custody and visitation.
- Article 115: Custody is forfeited if the custodian relocates in a way that conflicts with the child’s best interests.
Federal Decree-Law No. 41 of 2022 (default for non-Muslims in all Emirates).
- Article 4: Mother and father have equal right to joint custody until the child reaches 18, after which the child may choose where to live.
- Article 10(1–4): Establishes joint custody as the default rule, allows the court to intervene in disputes, and gives the judge discretion to decide in the child’s best interests.
Abu Dhabi Law No. 14 of 2021 (for non-Muslims in Abu Dhabi).
- Reflects a similar framework to the 2022 federal law, with joint custody as the default and child welfare as the guiding principle.

Key Custody Principles

Shared responsibility: Custody is, by default, a joint right of both parents (Art. 4, Decree-Law 41/2022).
Child-centered approach: Laws emphasize stability, balanced care, and the child’s psychological and educational well-being (Art. 10, Decree-Law 41/2022; Arts. 112–113, Law 41/2024).
Duration: Custody typically lasts until the child reaches 18, or longer if the child is disabled or seriously ill (Art. 112, Law 41/2024).
Flexibility: Courts may remove custody if a parent fails to meet requirements, endangers the child, or relocates contrary to the child’s welfare (Art. 115, Law 41/2024; Art. 10(2–3), Decree-Law 41/2022).

Relocation Rules

Within the UAE:

Parents may relocate between Emirates, as long as the move does not conflict with the child’s psychological, educational, or social best interests (Arts. 112–115, Law 41/2024).

Outside the UAE:

Consent required: A parent cannot unilaterally relocate abroad with the child. The other parent’s consent or a court order is required (Art. 115, Law 41/2024).
Court application: If consent is refused, the relocating parent may petition the court, which will examine:
- The reasons for relocation;
- The expected impact on the child’s stability;
- The feasibility of maintaining the other parent’s visitation rights (Art. 10(3–4), Decree-Law 41/2022).

Agreements in advance:

Parents can stipulate relocation terms in prenuptial or postnuptial agreements, or in a divorce settlement (Art. 6(2), Decree-Law 41/2022).

Application of foreign law:

If both parents agree, they may choose to apply their home country’s law (Art. 1, Decree-Law 41/2022). If that law permits relocation, it may be enforced in the UAE, provided the child’s welfare is safeguarded.

Takeaway on Relocation of Children in UAE

The UAE’s personal status laws are designed to balance parental rights with the overriding priority of protecting children.

For moves within the UAE, relocation is possible if it does not harm the child’s well-being.
For moves outside the UAE, consent or a court decision is always required.
Key articles (such as Art. 115 of Law 41/2024 and Art. 10 of Decree-Law 41/2022) show that relocation without consent risks loss of custody.
Advance agreements can reduce disputes and provide certainty.
In all cases, courts will rule with one principle in mind: the best interests of the child.

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We hope this guide helps you understand the legal framework around relocating children after divorce in the UAE and the importance of placing the child’s best interests at the center of every decision. If you have questions about your specific situation, we are here to assist.

For more practical content in English, explore our Publications and the Videos by our Partner, Maria Rubert.

Disclaimer: The information on this page is general and not legal advice. It provides an initial, practical overview of custody and relocation rules in the UAE under Federal Law No. 41 of 2024, Federal Decree-Law No. 41 of 2022, and Abu Dhabi Law No. 14 of 2021. Rules and practices may change, and outcomes depend on individual circumstances. Please seek tailored legal advice for your case.