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Preventing daughter from traveling without mother's permission

I have separated from my husband for almost 12 months. Our daughter lives with me. He sees her a few hours a week when he wants.

He is her sponsor, I am on a work visa. He is holding her passport. I am concerned that he may take her and leave the country without my permission.

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Maryam Hayyaz & Wejdan Bushahab Advocates
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20 Feb 2020, 08:46

Dear questioner,

Yes, you have a right to initiate a travel ban on your daughter even if the passport is with your husband and he is the sponsor of your daughter.

Kindly contact us via phone for a detailed discussion or write us an email for further assistance.

HPL Yamalova & Plewka DMCC
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20 Feb 2020, 09:11

Hello,

This ultimately depends on the status of the divorce proceedings. It may be possible for a parent to request the court to issue a “no travel” order for the child. This requires a formal application to the court with the necessary documents to support the request.

Should you require further tailored substantive legal advice, kindly contact my firm via phone or email.

Regards,

Ludmila

Bin Eid Advocates & Legal Consultants
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21 Feb 2020, 23:53

You may file a petition in the personal status court in the UAE to demand legal custody of your kid and also demand a travel ban, so your husband can’t take her out of the UAE without your permission.

You may also demand the maintenance of your kid from your husband because this is his obligation.

Legally, she comes under his guardianship so he can keep her passport.

Feel free to contact us for further consultation.

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Elnaggar & Partners
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26 Feb 2020, 02:39

First of all, you should know that the term “Separated” as you may understand it does not really qualify in the UAE before the law. You are either married or divorced here.

So, I recommend you to start speaking with your husband whether you try again to work out on your marriage and return as a family or just accept the separation and formulate the divorce papers.

Any kind of side personal relationships that both of you might feel free to have based on the separation is basically against the law.

Answering your question, you should not worry that he may flee the country with your daughter, because you have the right to impose a travel ban on your daughter to make sure you know that your permission is taken before she leaves the country with her father.

If you would require any further clarification or assistance understanding your rights based on the personal status law of the UAE, please do not hesitate to contact us.

Ahmed Elnaggar

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