At the height of the summer travel season, one of the most sensitive family-law questions returns to the courts: may a parent take the children abroad after divorce or separation? The UAE’s new Personal Status Law, issued by Federal Decree-Law No. (41) of 2024 and in force since 15 April 2025, has rebuilt the rules from the ground up. It balances the child’s right to a stable life — including ties to family abroad — against the guardian’s right to be assured of the child’s return: a new court permission allowing travel of up to 60 days a year, clear rules on who holds the child’s passport and documents, and criminal penalties for travelling with the child without consent or authorisation.

From the 2005 law to Federal Decree-Law No. (41) of 2024

Federal Decree-Law No. (41) of 2024 issuing the Personal Status Law replaced the 2005 Personal Status Law and entered into force on 15 April 2025. The new law makes the “best interests of the child” the governing standard in all custody matters. It unifies the age at which custody ends at eighteen for boys and girls alike — under the previous law it was eleven for boys and thirteen for girls — and adopts the Gregorian calendar for calculating all periods and deadlines. A child who has reached fifteen may also choose which parent to live with, subject to the court’s assessment of the child’s best interests.

The general rule: no travel abroad without written consent

Article 116(1) of the law provides that the custodian may not travel with the child outside the UAE without the prior written consent of the guardian or the other parent. The rule itself is not new — Article 149 of the 2005 law likewise required the guardian’s written approval — but practice under the old regime revealed cases of obstruction that grounded families for years. The new law confronts that problem head-on with express safeguards against abuse of the consent right.

The 60-day rule: court permission that ends the deadlock

Article 116(2) introduces the pivotal innovation: where the guardian refuses consent without legitimate justification, the court may authorise the custodian to travel with the child abroad for a period not exceeding sixty days per year. The court may extend that period where medical necessity or urgent circumstances so require. In all cases, the court must impose measures that guarantee the child’s return to the UAE, such as undertakings or guarantees it considers appropriate. The system has moved from an effectively unilateral veto to balanced judicial oversight centred on the child’s interests.

Who keeps the child’s passport and documents?

Article 117 settles a dispute that has long exhausted separated families. The default is that the guardian keeps the child’s passport but must hand it over to the custodian for authorised travel. If the guardian unreasonably withholds it, the court may order that the passport remain with the custodian directly. Conversely, the custodian is entitled to keep the original birth certificate, the child’s Emirates ID and the other documents needed for day-to-day affairs — school, healthcare and routine transactions — without seeking the guardian’s permission each time. Once the child turns eighteen, the right to hold the passport and identity documents passes to the child alone.

Document costs and limits on their use

Under Article 124, the father bears the fees for issuing and renewing the children’s identification documents on time, removing a recurrent source of friction. In return, the custodian is prohibited from using the child’s documents for any purpose other than that for which they are held, from travelling on them without consent or authorisation, and from any use that prejudices the guardian’s rights or conflicts with the child’s interests. On the guardian’s application, the court may order the documents withdrawn from a custodian who misuses them.

Criminal penalties of unprecedented scope

Among the law’s most significant innovations is a dedicated penalties chapter protecting the family and the child, with fines ranging from AED 5,000 to AED 100,000 for a range of acts that harm the child or infringe custody rights. Foremost is Article 252, which punishes with imprisonment and/or a fine of AED 5,000 to AED 50,000 any custodian who travels with the child outside the UAE without the guardian’s consent or a court order. The message is clear: the wider travel freedoms granted to custodians are matched by firmer sanctions where their limits are crossed.

Practical steps for families before booking summer tickets

To avoid surprises at the border, custodians should obtain the guardian’s documented written consent before booking, or apply to the competent personal status court for travel permission well in advance, and verify through official judicial channels that no travel ban stands against the child. Guardians, for their part, should not treat consent as leverage: an unjustified refusal now opens the door to court-authorised travel of up to sixty days a year, potentially coupled with an order transferring the passport to the custodian. Divorce settlements and family agreements are best drafted with detailed clauses on travel, prior notice and return dates to prevent disputes before they arise.