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Do I need my ex-husband’s permission to travel abroad with our child?

Dear Lawyers,

I’m a divorced mother with custody of my 4-year-old son from Dubai Courts. My colleague recently traveled to Turkey, and she was asked to provide an NOC from the child's father.

Do I need an NOC from my son’s father to travel? I don’t have a travel ban. I traveled with him once two years ago without any NOC and didn’t face any issues.

Would I face any problems if I travel? My son’s father isn’t involved in his life and doesn’t really care.

Do divorced parents ever get stopped at airports if they don’t have a travel ban?

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Aug 2024, 05:45

Hi,

According to UAE law, a divorced mother who has custody of her child does not need a no-objection certificate (NOC) from the child's father to travel with the child.

However, it is always recommended to carry a copy of the custody order or any other relevant documents to avoid any potential issues at the airport.

In some cases, airport authorities may ask for an NOC from the father if there are concerns about child abduction or if the father has filed a complaint against the mother.

If you do not have a travel ban and have travelled with your child before without any issues, it is unlikely that you will face any problems at the airport.

It is important to note that the laws and regulations may vary depending on the country you are travelling to.

It is always best to check with the embassy or consulate of the country you are travelling to for any specific requirements or restrictions.

In general, it is recommended to have written consent from the other parent, even if it is not legally required, to avoid any potential issues while travelling with your child.

This can also help in case of any emergency situations where the other parent needs to be contacted.

Please contact your lawyer before travelling to make sure that your son does not have a travel ban.

Kindly contact us for assistance if needed.

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
11 Aug 2024, 11:25

If their father has not requested a travel ban, you can travel with them normally.

No one at the airport knows that you are divorced, and it is not their job to inquire about their father. They only follow court orders if there is a travel ban.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
11 Aug 2024, 15:56

Thank you for reaching out with your question!

In Dubai, the primary concern when it comes to traveling with a child after a divorce is whether there is a court-issued travel ban or any specific legal restrictions in place.

Given that you have legal custody and have previously traveled without any issues, it is unlikely that you would face problems at the airport if there is no travel ban.

However, it is advisable to carry a copy of the custody order with you as a precaution.

While it is not typically required, having an NOC (No Objection Certificate) from the father can provide an additional layer of security, especially in cases where the other parent may contest the travel later.

Since the father is not involved in your son's life, you might consider obtaining an NOC just to avoid any potential issues, though it is not legally required unless specified by the court.

For more personalized advice or if you wish to discuss this further, please feel free to reach out to me via WhatsApp or phone at [---------].

Best regards,

Suhail Rana

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