I have child custody case with my wife and she holds their passports preventing me to renew visas. What to do?

Dear questioner

This is a highly distressing and complex situation with multiple legal and practical challenges.

You are dealing with issues related to family law, immigration, and education, all at the same time.

You must act swiftly and legally to protect your children and yourself. Under the UAE Personal Status Law, the father is typically the guardian (responsible for financial and long-term decisions), while the mother is the custodian (responsible for daily care and upbringing).

You must file an urgent application with the Family Court to request the court to order your wife to hand over the children's passports to you.

You should explain that your wife's refusal has directly led to the children's overstaying and is causing significant financial and educational harm, which is not in the children's best interest.

The court is likely to take a serious view of the children's one-year overstay, as it is a legal violation that could lead to fines and potential legal issues for the children.

You can request the court to order your wife to pay the accumulated overstay fines.

If you need our assistance in your matter, kindly share your WhatsApp number.

Greetings,

In custody and divorce disputes, matters such as children’s passports, visa renewal, and school enrollment fall under the jurisdiction of the UAE courts.

Since the children’s overstays and school fees are now linked to the custody conflict, you will need to seek a legal remedy through the courts to resolve passport retention, visa renewal, and financial obligations.

We recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy so we can review your case in detail and assist you with the necessary legal actions, or represent you directly before the courts if required.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us.

To receive assistance with your custody, visa renewal, and cancellation of dependent benefits case, you must go to court immediately to file urgent child protection orders and determine how to renew their visas and remove restrictions.

Provide all documents proving the current situation, including the children's documents and passports., including the children's documents and passports, and ask the court to intervene to return the passports to ensure the stability of the children's legal status in the UAE.

Contact me by phone.

Thank you for contacting us via Legal Advice Middle East.

Your matter involves overlapping issues of custody, immigration status, and financial liability.

We previously handled a nearly identical case where one parent withheld the children’s passports during separation, causing visa expiry and financial penalties.

The court ruled that withholding the passports constituted obstruction of the children’s legal residency and ordered the parent to cooperate with the renewal.

There are several legal directions in your case. One is to file an urgent application before the court to compel your wife to release the children’s passports for visa renewal, as the children’s residency is a fundamental right.

Another is to request the court to suspend or reallocate financial liabilities, such as school fees, especially when your wife is employed at the same school and benefitting from staff-related privileges.

In one of our cases, the court recognized that forcing one parent to carry impossible costs without access to documents was unjust, and the liability was adjusted accordingly.

The most strategic approach is to bring these issues before the family court as part of the custody and divorce proceedings, highlighting the overstay penalties, blocked visa renewals, and your inability to pay school fees due to your wife’s actions.

This allows the court to intervene, compel cooperation, and issue orders protecting both your rights and the children’s welfare.

To advise you precisely, we need to review your custody file, visa records, and the school correspondence.

Our firm can prepare the necessary urgent application to ensure the children’s visas are restored and financial liabilities are fairly divided.

Our multilingual consultants are available in Arabic, English, Russian, Hindi, and Chinese to assist you.

This response is provided by RASHID ALKAITOOB ADVOCATES & LEGAL CONSULTANTS, based solely on the information you have shared, and does not constitute a final legal opinion.

A binding assessment requires reviewing the complete documents. We would appreciate your positive review once we assist you further.

For direct support, contact us via WhatsApp.