Can I get court approval to relocate to India with my twins despite a travel ban by their father?

You can appeal the travel ban and explain to the court that the children's presence here is harmful to them and that it is in the children's best interest to go to their country of origin.

Contact us so we can help you.

If you can prove that staying in Dubai without family support would be too difficult for the children to raise, and that moving to India would be in their best interest, the court may be inclined to grant your application.

For assistance, please contact us via phone or WhatsApp.

Hello,

If the travel ban is still in place, you will need to petition the court to lift it or to seek permission to relocate.

The court will likely consider the best interests of the children, including factors like your ability to care for them, the impact of the move on their well-being, and the ability for both parents to maintain relationships with the children.

Since you have joint custody, you will likely need your ex-husband’s consent or approval from the court.

If he objects to the relocation, the court will weigh his reasons and your reasons carefully. In some cases, even if one parent objects, the court may still allow relocation if it is deemed to be in the children’s best interests.

You will need to demonstrate that the move will not sever the relationship between your ex-husband and the children, and you may need to propose a plan for maintaining their relationship with him (such as regular visits, virtual communication, or travel arrangements).

Hello,

Your situation involves important legal considerations regarding custody, relocation, and the travel ban on your children under UAE law.

The Personal Status Law (Federal Law No. 28 of 2005) governs matters of custody and child welfare in the UAE, along with related provisions in the Civil Procedures Law.

According to the UAE Personal Status Law, the primary consideration in custody matters is the welfare and best interests of the child.

While you have been granted joint custody, relocating to another country requires approval from the court, especially if a travel ban has been imposed on the children by the father.

In your case, you can file a petition with the Dubai court requesting permission to relocate with the children to India.

To succeed, you must demonstrate that the relocation aligns with the best interests of the children.

Factors such as access to family support, better living conditions, education, and healthcare in India, as well as your ability to provide a stable environment, will be considered by the court.

Additionally, Article 149 of the Personal Status Law states:

"The custodian may not travel with the child outside the state without the consent of the guardian unless permitted by the judge."

This means that even if the father has not provided consent, the court has the authority to grant you permission to relocate if it determines that doing so serves the best interests of the children.

You should provide evidence, such as proof of better living arrangements in India, lack of family support in Dubai, and challenges you face in managing the children’s welfare on your own.

If you require legal representation to file a petition or assistance in preparing the necessary documents and arguments for your case, please feel free to contact me via phone or email.

Dear Questioner,

Thank you for reaching out!

I understand your concern regarding the travel ban on your children and your desire to relocate to India with them.

Based on the current situation, here are the steps and options available to you:

1. Travel Ban on the Children:

Since there is an existing travel ban, you will need to request permission from the Dubai Family Court to lift the ban and allow for relocation.

This process involves demonstrating to the court that relocating to India is in the children’s best interest, taking into account factors such as your lack of family support in Dubai and the overall welfare of the children.

2. Filing a Petition for Relocation:

We can file a petition with the court to seek permission for relocation. The court will assess the children’s best interests, including their emotional and educational needs, as well as the practical arrangements for maintaining their relationship with their father.

If the court believes that the relocation will not harm the children’s welfare, it may approve the request.

3. Father’s Role and Consent:

As you have joint custody, the court will also take into consideration whether the father’s involvement in the children’s lives will be maintained post-relocation. Since your husband has not agreed to the relocation, we will need to demonstrate that your move is in the children's best interests.

4. Possible Court Outcomes:

- Permission for Relocation: If the court finds that relocating is in the children’s best interests, it may grant you permission, possibly with arrangements for the father’s visitation or communication.

- Denial of Permission: If the court deems the relocation as detrimental to the children’s welfare, the request may be denied, and the travel ban would remain in place.

- Next Steps: I recommend that we proceed by filing the necessary application with the Dubai Family Court to seek permission to lift the travel ban and approve the relocation. We will need to present your case in the best possible light, highlighting your lack of family support in Dubai and the benefits the relocation would offer to the children.

Please let me know if you would like to schedule a meeting to discuss this further and begin the process. I am here to assist you throughout this matter.

Best regards,

Mohammed Salah

Legal Consultant

According to UAE law, if the custody is joint, you must obtain the other party's consent or approval from the court to relocate to another country.

You can file a request with the Dubai court for permission to relocate to India, especially if you're facing difficulties in taking care of the children alone.

You can contact us via WhatsApp for precise legal advice. We specialize in custody and divorce matters and can provide the necessary guidance.

Best regards,

Greetings of the day,

Relocation cases in the UAE are challenging but not impossible. If you present a compelling case focused on the children’s welfare and offer solutions to preserve the father’s relationship with them, the court may grant permission.

We would like to extend our legal services to fetch positive results for you.

Best regards,

Sara Al Saedi Advocates and Legal Consultants

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Relocating to India with your twin boys after a divorce in Dubai can be challenging, especially with a travel ban in place.

Since you have joint custody, you cannot relocate without the father's consent or court approval. To seek permission, you must file a petition with the UAE family court, emphasizing your lack of family support in Dubai and the difficulties of caring for two young children alone.

The court will consider the children's best interests, including emotional and educational factors. Consulting a legal professional specializing in UAE family law is crucial to navigate this process effectively.

Thanks & Regards,

ABDUL WAHIED

An application may be submitted to the competent court, along with the convincing reasons for the application to the court and the documents proving this, and the court has the discretionary authority to make a decision on that application.