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UAE lawyers warn of parental abduction: 'Went home for a holiday, never came back’
Experts say that there is “no established process" in the UAE for a parent to apply to relocate with a child abroad without the consent of the other
- PUBLISHED: Tue 19 Aug 2025, 6:00 AM UPDATED: Tue 19 Aug 2025, 3:10 PM
It’s been four years since Indian expat A.S. last saw his two sons. What began as a short vacation to India turned into permanent separation after his wife filed for divorce from abroad. “She left during the October midterm break, saying it would be good for the kids to see their grandparents,” he said. “I waved them goodbye at the airport and then never saw them again. I didn’t want to drag them through a legal battle.”
Experts describe this as a ‘holiday effect’ — where one parent takes the child abroad and doesn’t return. “This tends to arise during school breaks, when one parent, often the mother, travels abroad with the children for what appears to be a short visit to family overseas, but then decides not to return,” said Byron James, partner at Expatriate Law. “Such situations are rarely impulsive. At present, there is no established process in the UAE Personal Status Court for a parent to apply for permission to relocate with a child abroad if the other parent does not consent.”
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Others added that this could be considered as parental abduction, something which is a concern especially among expats in the UAE. “The UAE's legal system, which is based on Sharia law, often places mothers as the natural custodians of children up to certain ages, i.e., 13 years for girls and 11 years for boys,” said Maroun Abou Harb, Associate at BSA LAW.
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“This custodial arrangement often leads to disputes, especially when one parent seeks to relocate the child internationally without the other's consent.”
What to do
Byron stressed that “expertise and speed” were important if there was a case of parental abduction. He said that choosing the right lawyer was crucial, as these cases need “expertise across two legal systems” to mediate a successful return of the children.
“Equally important is the need to act quickly before the child becomes established in the new country,” he said. “Even a few weeks can make a decisive difference to the legal and practical position, and once a child is settled in a new environment, the challenge increases significantly.”
Maroun added that it was important to “file a custody case” and initiate proceedings in the UAE family courts to establish their custody rights under the applicable personal law. “This ensures that the parent’s legal claim over the child is formally recognised and can form the basis for further protective measures,” he said. “It is essential to report to authorities like the UAE police and the relevant embassies to officially document the abduction and mobilise assistance from both local and diplomatic channels.”
Preventive measures
Byron said there were several preventive measures parents could take if they suspected parental abduction. “There are measures available within the UAE to help reduce risk, including travel bans, passport retention, mirror orders and bonds,” he said. “These can be very effective in the short term, but they are not intended for indefinite use, as they can restrict normal family life and travel."
According to Maroun, it was also important to “execute clear legal custody agreements” to ensure that custody arrangements are formally recognised by UAE courts, providing the appropriate legal enforceability in case of disputes.
Byron also called for the development of a clear and accessible process within the UAE for parents to apply for relocation orders. He said there are some changes on the horizon under the Abu Dhabi Civil Family Court. “If developed and tested in practice, it could provide a clear and fair legal mechanism for such cases,” he said. “This would be a positive development for all families in the UAE, as it would offer an open forum for these important decisions to be made in the best interests of the child, without resorting to unilateral action.”
