Travel ban on child UAE cases sit at the most emotionally charged intersection of family law — where a father’s legal right to prevent a child from leaving the country meets a mother’s right, as custodian, to live and travel with the child she is raising. Under UAE law, the father’s right to impose a travel ban on his child is not absolute. It is conditional, challengeable, and — as confirmed by both the Dubai Court of First Instance and the Dubai Court of Appeal — entirely dependent on whether the father is actually fulfilling his duties and responsibilities as a guardian.
This 2026 guide explains the legal framework governing child travel bans in the UAE under Federal Decree-Law No. 41 of 2024 on the Personal Status Law — the most significant reform to UAE family law in decades, in force from April 2025 — what grounds a mother can use to challenge a travel ban, the step-by-step court procedure for revocation, what the 60-day travel right means in practice, and what document and passport arrangements the new law creates between parents.
The Legal Framework: Two Laws, Two Tracks
Before addressing the revocation procedure, understanding which legal framework governs the family’s situation is essential — because the answer differs significantly depending on whether the parents are Muslim or non-Muslim.
For Muslim parents — UAE nationals and Muslim expatriates — the governing law is Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, which came into force in April 2025, replacing the previous Federal Law No. 28 of 2005. The full text is published on the UAE Legislation Portal.
For non-Muslim parents — non-Muslim expatriates who have not opted into the Muslim personal status framework — the governing law is Federal Decree-Law No. 41 of 2022 on Civil Personal Status, published on the UAE Legislation Portal. This law establishes joint custody as the default position and grants equal rights to both parents in relation to travel and documentation.
Both laws are administered through the Personal Status Courts, whose legislation and jurisdictional framework are published on the UAE Ministry of Justice portal. The Federal Judicial Council issued five new regulatory decisions in November 2025 to implement Federal Decree-Law No. 41 of 2024, including new regulations on child custody visitation rights — confirming that the new law’s child-protective reforms are now fully operational across the federal court system.
The Father’s Right to a Child Travel Ban: Conditional, Not Absolute
The foundation of a mother’s challenge to a travel ban is understanding precisely what the father’s right entails — and where its limits lie.
The court confirmed that the right of the father to request a travel ban for his child and retain the travel documents is not absolute under Articles 149 and 157 of the Personal Status Law. These rights are enshrined in the law in order to protect the guardianship rights of the father in circumstances where he exercises his duties, assumes his responsibilities towards his child, and provides the proper and essential care which would otherwise not be possible if the child were removed from the country where both parents reside. Al Tamimi & Company
This ruling — upheld by the Dubai Court of Appeal — establishes the fundamental principle that frames every challenge to a father-imposed child travel ban: the travel ban right exists to protect active guardianship, not to control a co-parent from a distance. A father who does not reside in the UAE, who does not provide direct care to the child, or who is not fulfilling his financial and practical obligations to the child cannot rely on his guardianship rights as automatic grounds to prevent the custodial mother from travelling with the child.
The Appeal Court rejected his appeal and upheld the judgment of the Court of First Instance, adding that the mother, by virtue of the divorce settlement agreement, had the right to travel freely with the child and thus should keep the travel documents with her. The court further clarified that the guardianship rights were absent in the present case by virtue of the fact that the father lived and worked in a different country to where the child resides. Al Tamimi & Company
The principle established by this line of case law — and now reinforced by the new Personal Status Law’s explicit child-best-interests framework under Federal Decree-Law No. 41 of 2024 — is that the child’s welfare and the realities of actual parental involvement determine the validity of a travel ban, not the father’s statutory status as guardian in the abstract.
What the 2024 Personal Status Law Changed: The 60-Day Travel Right
Federal Decree-Law No. 41 of 2024 introduced one of the most practically significant reforms to child travel rights in UAE family law. Article 116 of Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law grants both parents the right to travel alone with their children on one or more occasions per year, provided that the total travel period does not exceed 60 days for either parent. This period may be extended if the travel is in the best interests of the children, for medical treatment, or for an urgent need. Startup Works
This 60-day travel right — secured by law rather than dependent on the other parent’s consent — is the most significant new protection for custodial mothers. The new law gives both parents equal travel rights: either parent can travel with a child for up to 60 days a year without needing the other parent’s consent. Benhams
The practical consequence is that a travel ban imposed by the father after the April 2025 commencement date of Federal Decree-Law No. 41 of 2024 must be measured against this 60-day entitlement. A father cannot use a travel ban to prevent the custodial mother from exercising travel that falls within the statutory 60-day annual allowance. A travel ban that purports to block the mother’s exercise of this right is challengeable before the Personal Status Court on the basis that it contradicts the statutory entitlement established by Article 116 of the new law.
Document Custody: Who Holds What Under the New Law
A significant source of practical conflict in child travel cases is the question of who holds the child’s passport and Emirates ID. The new law provides a clear answer.
Under the new family law, the mother will retain the child’s Emirates ID, while the father will hold the passport. Misuse of these documents can lead to serious legal repercussions. For instance, if one parent attempts to use the child’s Emirates ID to leave the country without the other parent’s consent, the affected parent has the right to contest this action in court. Bayut
If the father refuses to hand over the passport, the mother may ask the court to order that the passport be handed over to her. Similarly, the mother — as custodian — has the right to hold the identity documents of the children. However, under Article 124 of Federal Decree-Law No. 41 of 2024, the court may order her to hand over the documents to the father if she attempts to misuse them. Startup Works
The penalties for document misuse are substantial. Federal Decree-Law No. 41 of 2024 has imposed penalties in the event of non-compliance. If individuals refuse — without justification — to hand over official documents as ordered, or if they misuse the document that is in their custody, they may be subjected to fines and/or imprisonment, as per Articles 251 and 252 respectively. Furthermore, under Article 252, similar penalties may be imposed if a parent transports a child out of the country without the consent of the other parent. Startup Works
This means a father who refuses to hand the child’s passport to the mother for travel that falls within the 60-day annual entitlement, or that has been approved by the court, is exposing himself to criminal penalties including fines and imprisonment. This penalty framework did not exist under the previous law and significantly changes the enforcement dynamics in the mother’s favour.
Grounds for Revocation: What a Mother Must Establish
A mother seeking to revoke a travel ban placed on her child by the father must establish one or more of the following grounds before the Personal Status Court.
Ground 1: The Father Is Not Fulfilling His Guardianship Duties
This is the strongest and most frequently successful ground, established by direct precedent. Where the father lives outside the UAE, has no meaningful presence in the child’s daily life, fails to provide financial maintenance, or has effectively delegated all practical care to the mother — the travel ban loses its legal justification. The ban exists to protect active guardianship. Where guardianship is not being actively exercised, the ban’s purpose is absent.
Evidence supporting this ground includes: proof that the father resides outside the UAE, documentation of the father’s failure to pay child maintenance, records showing the father has had no or minimal contact with the child, and evidence that the mother is the sole practical carer for the child in all respects.
Ground 2: The Travel Is Within the 60-Day Statutory Entitlement
Under Article 116 of Federal Decree-Law No. 41 of 2024, the mother has a statutory right to travel with the child for up to 60 days per year without requiring the father’s consent. A travel ban that prevents the exercise of this statutory right is directly challengeable as conflicting with the new law. The court must reconcile the ban with the Article 116 entitlement, and where the travel requested falls within the 60-day window, the statutory right takes precedence over the ban.
Ground 3: The Travel Ban Was Obtained Without Due Process or on False Grounds
As per Article No. 14 of Dubai Decision No. 3 of 2021, a parent seeking to impose a travel ban on a child must meet certain criteria. The court will consider: nationality of the father, mother, and child; proof that the other parent is preparing to travel with the child; proof that the child has traveled previously without the requesting parent’s consent; and evidence that traveling with the child would harm the child physically or emotionally. Credence & Co.
Where the father obtained the travel ban without satisfying these criteria — for example, by presenting false evidence of an imminent departure, by misrepresenting the mother’s intentions, or by obtaining the ban as a pressure tactic during divorce proceedings rather than out of genuine child protection concern — the mother can challenge the procedural validity of the ban itself.
Ground 4: A Divorce Settlement Agreement Grants the Mother Travel Rights
Where the parents’ divorce agreement — whether concluded in the UAE or abroad and recognised by UAE courts — expressly grants the mother the right to travel with the child or to reside in any country, this contractual entitlement directly conflicts with the travel ban. As established in the Al Tamimi case precedent above, a divorce settlement that grants custodial freedom to the mother overrides a subsequently imposed travel ban where the father is not fulfilling his own obligations under the agreement.
Ground 5: The Child’s Best Interests Require Travel
The court will evaluate factors such as: the nationality and residency status of the custodian and child; the child’s age and enrollment in a UAE educational institution; the reason for travel and whether it occurs during the school year; and whether the refusal to allow travel by the other parent is reasonable. Credence & Co.
Medical treatment abroad, a family emergency, educational opportunity, or a circumstance where the mother’s employment requires relocation all constitute best-interests grounds for challenging the ban. The new Personal Status Law’s explicit statement that the child’s best interests override all other considerations — including parental rights — gives this ground significant weight.
Step-by-Step: How to File for Revocation Before the Personal Status Court
Step 1: Gather Documentary Evidence
Before filing, compile the complete evidence package. This includes the child’s birth certificate, the divorce judgment or settlement agreement, proof of the existing travel ban (typically confirmed through the child’s blocked status with immigration authorities), evidence supporting the specific revocation ground being relied upon, documents establishing the mother’s custodial status, proof of the father’s non-residence or non-fulfilment of duties where Ground 1 is relied upon, and any prior court orders relating to the child’s custody or travel.
Verify the travel ban’s existence and status through the Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP) Smart Services portal or through the GDRFA Dubai services portal. Both portals allow verification of a child’s travel status against the immigration database.
Step 2: File a Grievance at the Personal Status Court
The mother files a formal grievance — known as a “request for revocation of travel ban” — at the Personal Status Court in the emirate where the child resides. Travel bans in Dubai are issued through the Personal Status Courts and are enforced by immigration authorities, including Dubai International Airport and other ports of exit. The Law Reporters
The filing is made at the Personal Status Court of First Instance. In Dubai, this is accessed through the Dubai Courts portal or in person at the Personal Status Court. In Abu Dhabi, filings are made through the Abu Dhabi Judicial Department portal. The filing must be in Arabic — certified translation of all supporting documents is required.
Step 3: Attend Family Guidance and Mediation
If no settlement is reached through the family guidance process, the case proceeds to the Personal Status Court. If the child is 15 or older, the court will consider their preference before issuing a ruling. Urgent matters — educational disputes or document issues — can be escalated to the urgent court for immediate resolution. Homeland Realty
The UAE’s Personal Status Court process requires parties to attend family guidance — a mediation stage — before the matter proceeds to a judicial hearing. The family guidance stage may be conducted through the relevant court’s family guidance department and is designed to achieve amicable resolution where possible. Where genuine urgency exists — a medical emergency, an imminent travel requirement, or a document withholding — the mother can apply to the urgent court for an interim order rather than waiting for the full mediation and hearing process.
Step 4: Present the Case to the Judicial Panel
If family guidance does not produce a resolution, the matter proceeds to a judicial hearing. The mother’s lawyer presents the evidence, the court hears both parties, and the judge applies the best-interests standard under Federal Decree-Law No. 41 of 2024. Where the revocation ground is clear — such as the father’s non-residence in the UAE with no fulfilment of duties — courts have consistently ruled in the mother’s favour. Where the ground is more nuanced — disputed best interests, conflicting evidence of the father’s involvement — the hearing may require expert evidence from a social welfare assessor.
Step 5: Enforce the Revocation Order
Once a judgment is issued, compliance is mandatory. Parents may seek enforcement orders if the other party fails to respect custody, visitation, or travel terms. Homeland Realty
A revocation order must be communicated to the immigration authorities for the travel ban to be lifted in the system. Dubai Courts have implemented an automated system to make the process of lifting travel bans faster and more efficient. Credence & Co. Once the order is issued and communicated, the child’s travel restriction is removed from the ICP database and the child can travel with the custodial mother within the scope authorised by the court. For the travel ban removal process specifically, Wirestork’s guide on new travel ban rules for divorced parents in Dubai and the dedicated guide on travel ban on a child in the UAE cover procedural specifics in detail.
Seeking Urgent Relief: When the Standard Process Is Too Slow
Where the child faces an immediate need to travel — a medical emergency, a family crisis, a school deadline — the mother does not need to wait for the full court process. The Personal Status Court has an urgent circuit that can issue interim orders on an expedited basis.
Urgent matters — educational disputes or document issues — can be escalated to the urgent court for immediate resolution. Homeland Realty
An urgent application to the Personal Status Court for temporary travel permission — distinct from a full revocation of the travel ban — can be granted within days where the urgency is established with documentary evidence. Medical reports, school enrolment documents, airline bookings, and any correspondence with the father refusing to consent are all relevant. The urgent court can issue an interim travel permission for a specific journey, a specific destination, and a specific return date without overturning the underlying travel ban — which remains in place for future travel pending the full revocation proceeding.
Non-Muslim Parents: How the Civil Personal Status Law Applies
For non-Muslim parents governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status, the framework is substantially more equal from the outset. A general principle in the custody of the children is the participation of the father and the mother together in the responsibility of raising the children after the divorce, unless one of the parties submits a request to the court to establish custody for the parent who is worthy of fulfilling the interests of the child, or submits a written waiver of their right to custody, or a parent submits a request to the court to remove the other parent from joint custody for any reason acceptable to the court, such as the danger of the person’s participation in custody, or the failure of the joint custodian to perform their duties. Dubizzle
Under the Civil Personal Status Law, joint custody is the default. Neither parent has automatic superior travel rights. A travel ban imposed by one parent on the child under this framework is challengeable through the same Personal Status Court process, with the added weight of the joint custody presumption — a father seeking to impose or maintain a travel ban that blocks the joint custodial mother’s travel rights carries a higher burden of justification than under the Muslim personal status framework.
For non-Muslim parents, the full text of the governing legislation is available at the UAE Legislation Portal and its implementing regulation at Cabinet Resolution available through the same portal.
Key Takeaways
- Under Federal Decree-Law No. 41 of 2024 (in force April 2025) and Dubai Court of Appeal precedent, the father’s right to impose a travel ban on a child is not absolute — it depends on the father actively fulfilling his guardianship duties and responsibilities.
- Article 116 of Federal Decree-Law No. 41 of 2024 grants both parents the right to travel with the child for up to 60 days per year without the other parent’s consent. A travel ban that prevents the mother from exercising this statutory right is directly challengeable.
- Under the new law, the mother holds the child’s Emirates ID and the father holds the passport. A father who refuses to hand over the passport for lawful travel authorised by the court faces criminal penalties including fines and imprisonment under Articles 251 and 252 of Federal Decree-Law No. 41 of 2024.
- A mother seeking revocation of a child travel ban files a formal grievance at the Personal Status Court of First Instance in the emirate where the child resides. The court applies the child’s best interests as the overriding standard.
- Five specific grounds support revocation: the father’s non-fulfilment of guardianship duties, the travel falling within the 60-day statutory entitlement, procedural defect in the ban’s issuance, a divorce settlement granting travel rights to the mother, and the child’s best interests requiring travel.
- Where travel is urgently needed, an application to the Personal Status Court’s urgent circuit can produce interim travel permission within days without waiting for the full revocation process.
- For non-Muslim parents, Federal Decree-Law No. 41 of 2022 applies — joint custody is the default, neither parent has automatic superior travel rights, and a travel ban by the father carries a higher justification burden.
Conclusion
A travel ban placed on a child by the father in the UAE is a legal instrument — and like all legal instruments, it is subject to challenge through the same judicial system that created it. Federal Decree-Law No. 41 of 2024 has shifted the legal landscape significantly in favour of custodial mothers: it has created a statutory 60-day travel right that exists independently of the father’s consent, imposed criminal penalties on parents who misuse travel documents, made the child’s best interests the overriding standard for all travel-related decisions, and — through Dubai Court of Appeal precedent — confirmed that a father who does not fulfil his guardianship duties cannot rely on the travel ban power those duties are designed to protect.
The process for revocation is accessible through the Personal Status Court, begins with family guidance, and produces an enforceable judgment that is communicated automatically to immigration authorities. Where urgency exists, the court’s urgent circuit provides faster interim relief. The mother who understands the legal framework, prepares the documentary evidence, and engages the process formally is well-positioned to secure her child’s freedom of movement — and her own right to parent without a geographical cage imposed by a co-parent who is not meeting the standard the law requires of him.
Frequently Asked Questions
Q1: Can a mother challenge a travel ban placed on her child by the father in the UAE?
Yes. The Dubai Court of Appeal has confirmed that the father’s right to impose a travel ban on a child is not absolute — it depends on the father actively fulfilling his guardianship duties and responsibilities. A father who resides outside the UAE, does not provide direct care, or is not meeting his financial and practical obligations cannot use the travel ban power that exists specifically to protect active guardianship. Additionally, Article 116 of Federal Decree-Law No. 41 of 2024 (in force from April 2025) grants both parents the right to travel with their child for up to 60 days per year without the other parent’s consent. A travel ban that prevents the mother from exercising this statutory right is directly challengeable before the Personal Status Court.
Q2: What is the 60-day travel right under the new UAE Personal Status Law and how does it help mothers?
Article 116 of Federal Decree-Law No. 41 of 2024, which came into force in April 2025, grants both the mother and father the right to travel with their child for a total of up to 60 days per year without requiring the other parent’s written consent. This period can be extended by the court where travel is in the child’s best interests — for medical treatment or urgent need. For custodial mothers, this right significantly limits the practical effect of a father-imposed travel ban for shorter journeys. A travel ban that blocks travel within the 60-day annual allowance contradicts a statutory right granted by federal law and can be challenged before the Personal Status Court on that basis alone.
Q3: What is the step-by-step process for a mother to revoke a child travel ban in the UAE?
The mother files a formal grievance for revocation of the travel ban at the Personal Status Court of First Instance in the emirate where the child resides — in Dubai through the Dubai Courts portal at dc.gov.ae, in Abu Dhabi through the ADJD portal at adjd.gov.ae. The filing must be in Arabic with certified translations of all supporting documents. The court process begins with a family guidance mediation stage. If mediation does not produce agreement, the matter proceeds to a judicial hearing where the judge applies the child’s best interests as the overriding standard. A successful judgment is communicated to immigration authorities, lifting the ban from the ICP database. Where urgent travel is needed before the full process completes, the Personal Status Court’s urgent circuit can issue interim travel permission within days.
Q4: What grounds does a mother need to prove to revoke a child travel ban in the UAE?
Five specific grounds support revocation. The father is not fulfilling his guardianship duties — particularly where he lives outside the UAE and provides no direct care. The proposed travel falls within the 60-day statutory annual entitlement under Article 116 of Federal Decree-Law No. 41 of 2024. The travel ban was obtained procedurally defectively or on false grounds. A divorce settlement agreement grants the mother travel rights that the ban contradicts. The child’s best interests require the travel — for medical treatment, educational opportunity, or family emergency. Courts apply the best-interests standard as the overriding consideration and have consistently upheld revocation where the father’s guardianship is nominal rather than active.
Q5: Who holds the child’s passport and Emirates ID in UAE custody cases under the new law?
Under Federal Decree-Law No. 41 of 2024, the mother retains the child’s Emirates ID as custodian, while the father holds the child’s passport as guardian. If the father refuses to hand over the passport for lawful travel authorised by the court or falling within the 60-day statutory entitlement, the mother can apply to the Personal Status Court for an order requiring the passport to be handed over. A father who refuses to comply with such an order — or who misuses travel documents — faces criminal penalties under Articles 251 and 252 of the new law including fines and imprisonment. Similarly, a mother who misuses the child’s Emirates ID to facilitate unauthorised travel faces equivalent penalties.
Q6: Can a mother get urgent travel permission for her child without waiting for the full court process?
Yes. The Personal Status Court has an urgent circuit that can issue interim travel permission for a specific journey, destination, and return date on an expedited basis — potentially within days rather than weeks. This urgent relief does not overturn the underlying travel ban but authorises a specific trip over the ban’s objection where urgency is established. Supporting evidence for an urgent application includes medical reports for treatment abroad, school enrolment or examination documents, airline bookings, and documented evidence that the father has refused consent without reasonable justification. Urgent applications are filed at the same Personal Status Court as the full revocation application.
Q7: Does the process differ for non-Muslim mothers in the UAE?
Yes. Non-Muslim parents are governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status, where joint custody is the default position for both parents after divorce. Under this framework, neither parent holds automatic superior travel rights — both parents share custody equally unless a court order varies this position. A travel ban imposed by the father under the Civil Personal Status Law carries a higher justification burden because it restricts a joint custodian’s rights rather than simply overriding a secondary parent’s access. The revocation process follows the same Personal Status Court pathway, but the joint custody presumption gives the non-Muslim mother a stronger starting position. The governing legislation is published on the UAE Legislation Portal at uaelegislation.gov.ae.
George Mathew is the Co-founder and Senior Litigation Counselor at Wirestork, a legal technology company he established in 2017 to make GCC legal processes more accessible and affordable for expatriates and businesses. With deep expertise in UAE and Saudi Arabia law — covering travel bans, immigration, court cases, and debt resolution — George has overseen more than 100,000 legal checks across the GCC region. His work bridges the gap between complex legal systems and the everyday needs of expats navigating the UAE and Saudi legal landscape. He is based in the UAE and consults regularly on cross-border legal matters in the Gulf.
