Can the husband put a travel ban on his two minor daughters after divorce?

Dear Client,

Thank you for reaching out regarding your concerns about the travel ban imposed on your minor children following your divorce, and your rights as the custodial parent under UAE law.

Please find below my detailed legal opinion and guidance based on the facts you have provided.

Background:

You and your former spouse are Pakistani expatriates residing in the UAE. You have two minor daughters (ages 3 and 1).

The husband has issued two divorces (talaqs), and the UAE court has confirmed the divorce, granting you custody of the children.

The husband has placed a travel ban on the children.

1. Duration and Removal of the Travel Ban

- In the UAE, a parent may request a travel ban on minor children to prevent them from leaving the country without mutual consent.

This ban is not permanent and can be lifted either by the consent of the parent who requested it or by a court order.

- As the custodial parent, you may apply to the Family Court to have the travel ban removed, especially if you can demonstrate that travel is necessary for the children’s welfare (e.g., medical emergencies, educational needs, or family matters).

- The court will always consider the best interests of the children before making a decision.

If your application is supported by valid reasons and documentation, the court is likely to approve the removal or temporary suspension of the travel ban.

2. Emergency Travel with Children

- If you need to travel urgently and the father does not provide written consent, you must file an urgent application with the Family Court for permission to travel with your children.

- The court will assess the necessity and urgency of the travel, your custodial status, and the children’s welfare. If satisfied, the court may grant you temporary permission to travel.

- It is important to note that traveling without the father’s consent or a court order is a violation of UAE law and may result in penalties, including fines or loss of custody.

3. Custody and Parental Rights

- Under current UAE law, mothers are typically granted custody of minor children after divorce unless proven unfit. This custody usually lasts until the children reach 18 years of age.

- The father retains guardianship, which includes responsibility for the children’s financial support, education, and major decisions, as well as visitation rights.

- Both parents have the right to travel with their children for up to 60 days per year. For travel beyond this period, the non-custodial parent’s written consent or a court order is required.

4. Recommended Next Steps

- If you need to travel, first seek the father’s written consent.

- If consent is not granted, promptly file an application with the Family Court for permission to travel and/or to lift the travel ban.

- Always carry the court’s custody and travel orders when traveling, as UAE authorities will require these documents.

Conclusion

Your rights as the custodial parent are well-protected under UAE law, and the courts are generally supportive of applications made in the children’s best interests.

Please let me know if you require assistance preparing the necessary court applications

Do not hesitate to reach out for further clarification or support.

Kind regards,

ABDUL WAHIED

Good morning,

This is the office of Professor Dr. Alaa Nasr for Legal Consultations

In answer to your question, this depends on the custody ruling.

But in most cases, the wife has the right to travel and accompany the children with a travel permit.

You can contact me by phone to answer all your inquiries.

Dear questioner

To remove a travel ban, the mother would need to demonstrate to the court a valid reason for the children to travel and provide assurance that they will be returned to the UAE.

The court prioritizes the child's best interests in making this decision.

The process for lifting a travel ban has been streamlined in Dubai, with an automated system that directly communicates the judge's decision to immigration authorities.

If you need further clarification, kindly share your WhatsApp number.

Dear Questioner,

Thank you for your inquiry. Based on your situation and the details provided, here's the breakdown of the key points regarding the travel ban and custody:

Custody After Divorce: If the divorce has been finalized and the court has awarded custody to the mother, she typically retains custody of the minor children.

As per UAE law, the mother would be able to make day-to-day decisions, including travel, unless there are specific concerns from the father regarding the children being taken out of the country.

Travel Ban on Minor Children: If the husband has placed a travel ban on the children, the mother can petition the court to have it removed, especially if custody has been granted to her.

Once custody is legally confirmed by the court, the mother may request the removal of the travel ban and can apply for permission to travel with the children, particularly in cases of emergency.

Traveling in an Emergency: In the case of an emergency, the mother may seek urgent court permission to take the children abroad.

This process typically involves submitting supporting documents (e.g., medical or death certificates) to prove the need for immediate travel.

If the father refuses, the court may grant permission for the children’s travel, taking into consideration the best interests of the children.

Timeline for Removal of the Travel Ban: The process for lifting the travel ban can usually be initiated once the custody decision is finalized.

The timeline for this can vary, but it can be processed relatively quickly, especially if marked as urgent.

Generally, the court can hear such requests in a few weeks, depending on the circumstances.

If you need further assistance or if there’s anything more specific you’d like to discuss regarding the court procedures or the required documents, please feel free to reach out.

Best regards,

Mohammed Salah

Legal Consultan

In the UAE, after a divorce involving Muslim parents, the mother is typically granted custody, which involves the day-to-day care of the children.

The father usually retains guardianship, which includes the right to make major decisions about the children's lives, including travel.

As the guardian, the father currently has the legal right to apply for a travel ban on the minor children to prevent them from leaving the UAE without his consent.

This is often done if he fears the mother might take the children out of the country permanently without his permission.

The wife can file a case with the Family Court in Dubai to request the removal of the travel ban.

She will need to present her case and provide reasons why the travel ban is not in the best interests of the children.

If you need further clarification, we will discuss more. Kindly share your WhatsApp number to proceed with us.

Dear Inquirer,

In the UAE, after divorce, custody of minor children is typically granted to the mother, while the father retains guardianship—which includes authority over legal decisions like travel permissions.

If the father places a travel ban on the children:

The ban remains in effect until lifted by a court order.

The mother can apply to the Personal Status Court to remove the travel ban, especially if she has full custody and valid reasons (e.g., medical, family emergency).

In emergencies, the court may allow temporary travel based on an urgent application and supporting evidence.

Once custody is officially granted to the mother by UAE courts, she has the right to request unrestricted travel rights for the children, but this must be legally formalized.

To ensure a proper legal path and safeguard your rights, we recommend booking a consultation or assigning your case to Future Vision for Advocacy and Legal Consultancy.

If the father places a travel ban on the children, the mother (as custodian) can apply to the Personal Status Court to remove it — especially after custody is granted by the court.

The court usually supports the mother’s request if it’s in the best interest of the children.

In case of emergencies, the mother can file a request for urgent travel permission with evidence. The court can decide quickly if there’s a valid reason.

Once custody is confirmed, the mother has a strong legal basis to remove the travel ban or request travel permission.

Feel free to contact us if you need help with the process.

Best regards,

After a husband initiates divorce proceedings in the UAE, resulting in concerns over a travel ban on their minor daughters, the mother can remove the ban once custody is awarded to her by a court.

This involves filing an application with authorities to lift the ban, providing necessary documentation such as the divorce decree and custody proof, and potentially seeking an emergency court order for urgent travel if needed.

We are honored to represent you legally. Please contact us on the phone or via email.

Under UAE Personal Status Law, once the divorce is confirmed and custody is granted to the mother, the mother has the right to care for and accompany the children as long as it serves their best interest.

However, the legal guardian (usually the father) retains authority over passport issuance and travel approval, unless the court decides otherwise.

Travel Ban on Minor Children: The father can legally place a travel ban, but the mother can petition the court to lift the ban, especially if custody has been awarded to her.

The court typically handles such requests promptly in emergency situations.

Traveling in Emergency Situations: If the mother needs to travel urgently, she can file an urgent motion with the court to temporarily or permanently lift the travel ban, provided she proves that the travel is in the children’s best interest and doesn't violate the father's rights.

Final Court Decision: After divorce and confirmed custody, the mother may request the court to grant her sole travel authority for the children without needing the father's consent each time, depending on the circumstances and the children’s welfare.

Our legal center specializes in such cases, and you are welcome to contact us via WhatsApp for more details and full legal support.

A custodial parent (typically the mother) may travel with the child out of the country with the written approval of the other parent or guardian.

If such approval is not granted, the custodial parent can petition the court for authorization.

The court may permit travel for up to 60 days per year, provided there is a guarantee acceptable to the court ensuring the child’s return.

This period may be extended if the travel is deemed beneficial for the child, such as for medical treatment or other necessities, after considering the statements of the other parent or guardian.

Dear,

All marital and custody matters are subject to the authority of the judge, who issues decisions in the best interests of the children. Therefore, decisions vary from case to case.

If a decision is issued to prevent the children from traveling, and the mother wishes to travel with her children, she can submit a request to the judge to lift the travel ban.