I have custody of my child and my husband is not giving permission to travel. Can I request from the court?

Hello,

You can file a petition with the Family Court requesting permission to travel with your child.

The court can issue a travel authorization if you can demonstrate that the trip is in the child's best interest and you have custody rights.

The court will consider various factors, including your custody arrangement, the child’s well-being, and the purpose of travel.

It generally takes a few like 1 to 2 weeks. For further assistance, kindly share your whatsapp number.

Yes, you can get permission from the court.

Your husband will be obliged to surrender the passport as per such request. It will takie 2-4 weeks for approval.

If you need further clarification you may ask.

Greetings.

Yes, you can submit a request for an order on a petition to the judge of urgent matters. It takes a week or two to decide on it.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us on WhatsApp.

Dear Inquirer

Seeking Court Permission: You can file a request with the court to obtain permission to travel with your child. You’ll need to provide documents showing you have custody and that the trip is in the child's best interest.

Time Frame: Court procedures may take some time, usually ranging from two weeks to a month, depending on the court’s schedule and caseload. It is best to have a lawyer present to prevent any risks that may occur

If you need further clarification, you can contact us.

Greeting,

Yes, you can obtain permission through the courts, and the judge will grant you permission to travel. The process should not take long.

Please kindly give a "like" if you find the response satisfactory, so we can continue providing support.

Best regards.

Dear A.,

In the UAE, custody issues often involve both civil law and Sharia law principles. If you have custody of your child and your ex-husband is refusing permission for you to take your child on Umrah, here are your options:

Steps to Take:

Review Custody Agreement or Judgment: Begin by reviewing your custody agreement or divorce decree. This document may outline any stipulations regarding travel with the child and clarify whether you require permission from your ex-husband.

Mediation: Before proceeding to court, consider attempting to mediate the issue with your ex-husband. Open communication and negotiation may lead to an amicable resolution without the need for legal intervention.

Filing a Petition in Family Court: If mediation fails, you have the right to file a case in the Family Court to seek permission to travel with your child. In your petition, include:

- Reasons for the trip (cultural and spiritual significance of Umrah).

- Assurance of the child’s safety and welfare during the trip (e.g., travel arrangements, accommodation, etc.).

Legal Framework of Sharia Law: Under Sharia law, the principle of the best interests of the child is paramount. Courts will consider the child's welfare when making a decision—demonstrating the merits of taking your child on Umrah may strengthen your case.

Prepare Documentation: Gather all relevant documents, such as:

- Custody orders or agreements.

- Travel itinerary and details.

- Any other evidence supporting your case.

Court Process and Duration:

Court Hearing: Once you file your case, the court will schedule a hearing. You may need to appear before a judge, where you will present your case.

Duration: The duration for court proceedings can vary widely but typically ranges from a few weeks to a few months, depending on the complexity of the case and court scheduling. If the matter is urgent, you may be able to request an expedited hearing.

Important Considerations:

Best Interests of the Child: As mentioned, the court's decision will hinge on what it deems to be in the best interests of the child. Be prepared to present arguments and evidence that demonstrate how the trip would be beneficial for your child.

Legal Advice: It is highly advisable to consult with a lawyer who specializes in family law within the UAE. A legal expert can guide you through the process, help you prepare your case, and improve your chances of a favorable outcome.

Conclusion:

You can seek permission from the court to travel for Umrah despite your ex-husband's objections. Ensure you meticulously prepare your case and consider obtaining professional legal assistance to increase your chances of success.

You can contact us by phone or email for legal advice and legal support.

Thank you for reaching out to me with your question about traveling to Umrah with your child.

In cases where one parent with custody faces difficulty obtaining permission from the other parent, you may be able to apply to the court for travel permission.

The court will assess the best interest of the child and consider any valid reasons your ex-husband may have for withholding permission.

The timeline for obtaining such permission can vary depending on the court’s schedule and the complexity of the case. However, it’s possible to request urgent court intervention if time is a critical factor.

I’d be happy to discuss your situation in more detail and guide you through the process. Please feel free to reach out to me via WhatsApp or phone, and we can explore your options further.

Best regards,

Suhail Rana