Quick answer: In most cases, yes. Under Federal Decree-Law No. 41 of 2024, in force since 15 April 2025, a custodial parent needs the other parent’s written approval to take a child abroad. If approval is refused, the court can allow travel for up to 60 days a year. Non-Muslim parents share custody jointly under Federal Decree-Law No. 41 of 2022.
Holidays and moves abroad often become disputes when parents separate. This guide from Tasheel Legal Consultancy in Dubai explains when one parent can stop a child travelling, how the court can step in, and how the rules differ for Muslim and non-Muslim families.
Can one parent stop a child from leaving the UAE?
Yes, in most cases one parent can stop a child’s trip abroad by refusing written approval, but the court has the final say. Article 116 of the Personal Status Law (Federal Decree-Law No. 41 of 2024) says the custodial parent may travel abroad with the child with the written approval of the other parent. If the other parent will not agree, the custodial parent can ask the court for permission.
A parent cannot place a travel ban on a child on their own. In the UAE, travel bans are ordered by the courts and the Public Prosecution, not by private individuals. A parent who fears the child will be taken abroad has to apply to the court.
The idea that only the father’s permission matters is out of date. The current rule refers to the other parent, or to the court.
Which law applies to your family?
It depends mainly on religion and nationality, so check this first. Two federal laws cover family matters, and they treat custody differently.
| Federal Decree-Law No. 41 of 2024 (Personal Status Law) | Federal Decree-Law No. 41 of 2022 (Civil Personal Status) | |
|---|---|---|
| In force | 15 April 2025, replacing Federal Law No. 28 of 2005 | 1 February 2023 |
| Who it covers (Art. 1) | UAE citizens where one or both spouses are Muslim; non-Muslim citizens unless their own religion or sect has specific rules; non-citizens unless one of them insists on their own law | Non-Muslim UAE citizens and non-Muslim foreigners resident in the UAE. It does not apply to Muslims. |
| Custody | Ends at 18 for boys and girls (Art. 123(1)). From 15, the child may choose which parent to live with (Art. 122). | A joint and equal right of both parents until the child is 18 (Arts. 4(4) and 10) |
| Travel abroad | The other parent’s written approval, or court permission for up to 60 days a year (Art. 116) | Custody is shared, so plan on the other parent’s written agreement or a court order |
Federal Decree-Law No. 41 of 2022 does not apply if a party insists on their home-country law. In Abu Dhabi, the Abu Dhabi Civil Family Court applies Abu Dhabi Law No. 14 of 2021. If one parent is Muslim and the other is not, get advice before you act.
When do you need the other parent’s written approval?
Under Federal Decree-Law No. 41 of 2024, you need it whenever the custodial parent wants to take the child abroad. Article 116 covers three situations:
- Custodial parent travelling with the child: written approval of the other parent (Art. 116(1)).
- No approval: court permission for up to 60 days in total per year, with a guarantee of return (Art. 116(2)).
- A custodian who is not a parent: the written consent of the parents (Art. 116(3)).
Put the approval in writing, signed and dated, with the destination and the travel and return dates. Keep a copy when you travel. If the other parent signs abroad, the document usually needs legalisation and UAE Ministry of Foreign Affairs attestation, because the UAE is not part of the Hague Apostille Convention.
Article 116 is written for the custodian. If you are the other parent, your position depends on your custody and visitation arrangements, so take advice before you book.
How can a court allow a child to travel, and for how long?
The court can authorise the custodial parent to travel with the child for up to 60 days in total each year, with a guarantee of return (Art. 116(2)). The 60 days is a yearly total, not a limit per trip: a 14-day holiday and a 30-day summer visit use 44 of them.
- Ask the other parent for written approval first, and keep a record of the request and the reply.
- Apply to the personal status court with jurisdiction: Dubai Courts for Dubai cases, or the Sharjah Federal Court of First Instance for Sharjah cases.
- Explain the trip: destination, purpose, dates and return date, with bookings if you have them.
- Be ready to give the guarantee of return the court asks for.
- Wait for the decision before you travel, and carry a copy.
The court looks at each request, such as a holiday or medical treatment abroad, on its facts and with the child’s interest in mind. Apply well before your travel date.
Who keeps the child’s passport?
The guardian may keep the child’s passport, but it must be handed to the custodian when the child travels (Art. 117(1)). Guardian and custodian are separate roles, so one parent may hold the passport while the child lives with the other. If the passport is not released for an approved trip, raise it with the court handling your case.
How does the child’s age change the rules?
Custody now ends when the child turns 18, for boys and girls alike (Art. 123(1)). From 15, the child may choose which parent to live with, unless the child’s interest requires otherwise (Art. 122). Older articles say custody ends at 11 for boys and 13 for girls; that was the old law. If your custody order was made before 15 April 2025, ask us how the new ages affect it.
How do you lift or challenge a travel restriction on a child?
Go back to the court that made the order, because only the court can change or end it. Depending on your case, the usual routes are:
- the other parent’s written approval for a specific trip (Art. 116(1));
- court permission for travel of up to 60 days in the year (Art. 116(2));
- an application to change or end the order, for example after the parents settle.
Filing steps differ between Dubai Courts and the Sharjah federal court. To find out whether there is an order about your child, check your family case file or ask the court. Our guide on how travel bans are checked and lifted covers the general channels.
Are the rules different for non-Muslim families?
Yes. For non-Muslim UAE citizens and non-Muslim foreign residents, Federal Decree-Law No. 41 of 2022 makes custody a joint and equal right of both parents until the child is 18, after which the child may choose (Arts. 4(4) and 10).
Because custody is shared equally, neither parent should assume they can take the child abroad alone. The safe course is the other parent’s written agreement for each trip, or a court order if they refuse. If you are going through a divorce in the UAE, deal with travel and holidays in your settlement, so both parents know the rules in advance.
What happens if a parent takes a child abroad without consent?
Taking a child abroad without the other parent’s written approval or a court order breaks the Article 116 rule, and the other parent can go back to the court. It can also affect later decisions on custody and travel, and there may be criminal consequences, depending on the facts. If you fear this will happen, act early and ask the court for an order before the trip.
How Tasheel Legal can help
Tasheel Legal Consultancy in Dubai helps parents in Dubai, Sharjah and the other Emirates with child travel and custody questions under both family laws. Our family law services include:
- checking which law applies to your family;
- drafting a written travel approval, or reviewing one you have been asked to sign;
- preparing an application for court permission under Article 116(2);
- drafting settlement terms on travel, holidays and the passport;
- working with licensed advocates where court representation is required.
First steps: send us your custody order or divorce judgment (if any), your travel plans and any messages with the other parent. We review them, explain your options and confirm the cost before we start.
Call or WhatsApp +971 50 175 0107, email info@tasheellegal.ae, or visit our office in Al Twar 5, Dubai, Saturday to Thursday, 9:00 to 17:00. We serve Sharjah clients from our Dubai office (Al Twar 5), by phone, WhatsApp and online.
Frequently asked questions
Do I need the other parent’s consent to travel with my child from the UAE?
Under Federal Decree-Law No. 41 of 2024, yes. A custodial parent needs the other parent’s written approval to travel abroad with the child (Art. 116(1)). If the other parent refuses, the personal status court can allow travel for up to 60 days in total per year, with a guarantee of return (Art. 116(2)).
Can the court allow travel for a holiday or medical treatment?
Yes. The court can authorise the custodial parent to travel with the child for up to 60 days in total each year (Art. 116(2)). The 60 days covers all trips in the year together. Apply to Dubai Courts for Dubai cases or the Sharjah Federal Court of First Instance for Sharjah cases, well before your travel date.
Who keeps the child’s passport after divorce?
Under Article 117(1) of Federal Decree-Law No. 41 of 2024, the guardian may keep the child’s passport, but must hand it to the custodian when the child travels. Guardian and custodian are separate roles, so one parent may hold the passport while the child lives with the other.
Can my ex put a travel ban on our child?
Not on their own. In the UAE, travel bans are ordered by the courts and the Public Prosecution, not by individuals, so a worried parent must apply to the court. Separately, under Article 116, if the other parent refuses written approval, the custodial parent needs court permission before travelling with the child.
Are the rules different for non-Muslim parents?
Yes. Federal Decree-Law No. 41 of 2022 applies to non-Muslim UAE citizens and non-Muslim foreign residents, unless a parent insists on their home-country law. Custody is a joint and equal right of both parents until 18 (Arts. 4(4) and 10), so get the other parent’s written agreement or a court order before travelling.
How do I lift a travel restriction on my child?
Apply to the court that made the order. You can rely on the other parent’s written approval for a specific trip, ask for court permission for up to 60 days a year, or ask the court to change the order, for example after a settlement. Steps differ between Dubai Courts and the Sharjah federal court.
Last updated: 20 October 2026. This page is general information, not legal advice. Contact us about your own situation.