International Child Custody in UAE: Cross-Border Disputes

A custody order made by a court abroad does not enforce itself once the child is in the UAE. No execution order may be made until the matters the Civil Procedure Code lists have been verified, and enforcement can be refused.

The problem runs in the other direction too. A child living here may be wrongfully removed to another country, or wrongfully retained there, and the parent left behind is then before a foreign court, often with no bilateral treaty between the two states.

Related: Our commercial disputes team acts in cross-border matters.

Which court takes jurisdiction, and under which law

The UAE legal system combines civil law codes with Sharia principles. Family matters fall under the federal Personal Status Law, which applies to UAE citizens if both parties of the relationship or one of them is Muslim. Custody outcomes still differ, particularly where an international element is involved.

Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law replaced Federal Law No. 28 of 2005 on Personal Status. It is the primary statute governing custody where no other relevant local law applies. It sets custody arrangements that prioritise the child's welfare, in line with Islamic jurisprudence. It was written for custody in the local context, and its application to cross-border cases is limited.

The courts of the State are competent to consider personal status cases filed against citizens and foreigners who have a domicile, place of residence, or place of work in the State. Where a foreign order already exists, the court decides whether to recognise and enforce it. There are no bilateral treaties between the UAE and many countries, which complicates that decision. The court applies the conditions the Civil Procedure Code lays down before an execution order may be made, and it may refuse enforcement where they are not met.

Because of that, the assessment comes first: the jurisdictional issues, the laws that apply, any custody order that already exists, and the child's circumstances. It is the work that decides whether the case is litigated or negotiated, and it needs specialists in family and personal status law from the start, so that the jurisdictional challenges are anticipated.

Sharia and the custodial preferences it carries

Sharia governs personal status matters for Muslims. Islamic jurisprudence places significant emphasis on the welfare of the child (maslahah). It also sets an order of custody. If the parents separate, custody shall be to the mother, then to the person who is most entitled to it in the following order: the father, then the mother's mother, then the father's mother. The court may decide otherwise than this order, based on the best interest of the child in custody.

The Law applies to non-UAE citizens unless one of them insists on applying his or her own law, or any other law that has been agreed to be applied, as permitted by the legislation in force in the State. Where a foreign custody order conflicts with those religious or cultural norms, the argument has to run one of two ways: that the foreign order can be harmonised with Sharia principles, or that enforcing it serves the child's welfare.

Where the child lives is settled on facts

More than any other single question, where the child lives decides jurisdiction. The courts endeavour to establish the child's domicile or place of residence, either to assert jurisdiction or to decide on enforcement of a foreign custody order. The assessment rests on factual circumstances such as the child's living environment, schooling, social ties, and parental care over a continuous period.

The difficulty arises when one parent changes the child's residence unilaterally, which often amounts to international child abduction.

When there is no treaty with the other country

Where there is no treaty between the UAE and the other state, parties must turn to alternative legal tactics, including diplomatic engagement, bilateral negotiations, or initiating independent custody proceedings within the UAE courts.

Those cases run on two tracks at once, the substantive custody issue and whatever procedural mechanism is available locally, and they depend on keeping a cooperative dialogue open with the foreign jurisdiction where that is possible. In cases involving states with no treaty with the UAE, or complex enforcement issues, diplomatic or consular intervention can be an effective tool, and counsel coordinates it with the relevant embassies or international organisations.

Two sets of proceedings in two countries

Jurisdictional conflict arises when more than one country claims jurisdiction over the child, or when a foreign custody order conflicts with UAE legal principles. The UAE courts prioritise the child's residence and welfare. They may also assert jurisdiction where the child is present in the UAE, or where a custody claim is filed locally. Parallel proceedings follow, and with them judgments that do not match, and enforcement problems with them.

Forum shopping is the common tactic: one parent begins proceedings in the jurisdiction they expect to favour them. The UAE courts answer that with discretion, either to stay proceedings or to refuse recognition of a foreign order that conflicts with local laws or with the child's best interests. Submissions then argue the primacy of the UAE forum, or press for coordinated judicial cooperation between the two courts.

The public policy exception and religious upbringing

An execution order may not be made if the foreign order contains anything that conflicts with morals or public order in the State, and religious upbringing is where that most often arises. For example, if a foreign custody order mandates conversion, or an upbringing contrary to Islamic principles, the courts may decline enforcement.

So claims and evidence have to be built to show respect for local cultural and religious norms. Failure to do so risks nullification of foreign custody rights and protracted litigation. Arguments that comply with the statutory provisions and also respect the cultural and religious norms prevalent in the UAE answer public policy objections before they are made, and they support the enforceability of the custody arrangement.

What a foreign order must satisfy before it is enforced

A foreign custody order is not recognised automatically. An order for execution is applied for by petition to the Execution Judge, and no execution order may be made until the listed matters have been verified. Those rules apply without prejudice to the provisions of conventions and agreements between the State and other countries. The criteria include these:

• The Courts of the State must have no jurisdiction to try the dispute, and the foreign Courts which issued the order must have jurisdiction over it under the rules of international judicial jurisdiction laid down in their law.
• The parties to the action must have been summoned to attend, and duly represented.
• The order must not conflict with a judgment or order already made by a Court in the State, and must contain nothing that conflicts with morals or public order in the State.

The Execution Judge may collect the documents supporting the request before deciding. That scrutiny is where the litigation happens: the other parent challenges jurisdiction, procedural fairness, or the substance of the order itself.

An order refused, and a case restarted

In one case, a foreign custody order from a Western jurisdiction awarded custody to a non-Muslim father. It was challenged in the UAE because it conflicted with local principles under which custody, on separation, shall be to the mother first. The court refused enforcement, and the parties had to re-litigate custody here.

Evidence, and the experts the court hears from

Expert witnesses in psychology, child welfare and cultural studies inform the court about the child's best interests, including testimony on the child's psychological and social welfare. Preparing that evidence takes coordination between the legal team and the experts, because it has to withstand cross-examination.

Evidentiary standards in the UAE may differ from those in other jurisdictions. That necessitates careful adaptation of foreign evidence and documentation to meet local procedural requirements.

Settlement, and the work that follows judgment

The UAE courts increasingly encourage mediation and alternative dispute resolution. Parties can reach a settlement agreement and have the courts ratify it, which produces an enforceable solution without protracted litigation. Our arbitration service covers dispute resolution in cross-border matters.

A judgment is not the end of the matter. Once custody orders are secured, compliance has to be monitored and visitation or custody arrangements enforced. UAE courts have powers to impose sanctions, or to involve law enforcement, where a party does not comply. That requires ongoing legal oversight.

Our team provides strategic counsel tailored to the individual case; contact us for a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

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