If one parent plans to take their child to another country, both parents must agree. Without mutual consent, this could be considered parental abduction and lead to serious legal issues, including criminal charges and possible loss of custody, legal experts have warned.
In a recent Ontario court case, a Dubai-based father fought for the return of his two children, aged 5 and 8, who were taken to Canada by their mother under the pretense of a family visit.
The situation escalated when the mother revealed her intention to keep the children in Canada permanently. In response, the father obtained a court order to bring them back. The mother claimed that removing the children from her custody would cause them significant harm.
UAE Custody Laws
The father’s legal team, led by Emirati family lawyer Diana Hamade, emphasized that the UAE has robust laws to protect children’s welfare. They argued that the Ontario court should defer to UAE jurisdiction for custody matters. Ultimately, the judge sided with the father, ruling that the children should return to Dubai for local courts to handle custody.
Hamade explained: “If a child is removed without one parent’s consent, the left-behind parent must file a complaint in the jurisdiction where the child has been taken to seek a return order.”
She also highlighted the importance of determining the child’s habitual residence—the place they lived before being taken. “The court must address all factors related to the child’s safety, security, and well-being,” Hamade added.
Protecting Children’s Best Interests
Custody cases often require expert testimony to address the emotional, psychological, and financial impacts on the child. Hamade stressed that courts prioritize the best interests of the child, including the effects of separation. Parents should thoroughly document any concerns about harm and the child’s well-being to present in court.
Legal Actions for Left-Behind Parents
These cases aren’t uncommon. In a similar situation reported earlier, a toddler taken to the UK by his mother without the father’s consent was returned to Dubai after a court order. The UK court recognized Dubai as the child’s habitual residence and upheld the father’s rights.
Legal expert Samara Iqbal from Aramas International Lawyers stated: “Taking a child without consent can result in criminal charges and loss of custody rights.” She advised left-behind parents to report such cases to local authorities immediately and file urgent court applications to prevent further relocation.
Iqbal also stressed working with the UAE Ministry of Foreign Affairs to coordinate with foreign authorities when the child is already abroad.
Custody Law Reforms in the UAE
The UAE has introduced modern family laws, particularly for expats, to handle international custody disputes. For instance, Abu Dhabi’s new Personal Status Law for non-Muslims allows joint custody and prioritizes the child’s welfare, aligning with global standards.
“As the UAE becomes a global hub for expats, we’re likely to see more family law reforms that match international practices while respecting local traditions,” Iqbal said.
These developments aim to create a fair and comprehensive system that supports both parents and children in complex international custody cases.
