Legal experts are cautioning parents that taking a child to another country without the consent of both parents can be considered parental abduction, which may lead to serious legal consequences, including criminal charges and the potential loss of custody rights.
A recent case in Ontario highlighted these risks, where a Dubai-based father sought the return of his two children, aged 5 and 8, after their mother took them to Canada under the pretense of a family visit. The mother later informed the father that she intended to keep the children in Ontario, refusing to return them to Dubai. The father, in response, pursued a court order for their return.
In her defense, the mother argued that returning the children to Dubai would expose them to harm. However, the father’s legal team, led by Emirati family lawyer Diana Hamade, argued that UAE laws adequately protect the children’s best interests and requested the Ontario court defer to UAE jurisdiction for custody matters. The court ruled in favor of the father, ordering the children to return to Dubai, where the local courts would handle the custody dispute.
Hamade emphasized that when a child is taken without consent, the left-behind parent must file a complaint in the jurisdiction where the child has been taken to seek a return order. She also stressed the importance of establishing the child’s habitual residence, which refers to the location where the child was living before the removal, as this can influence the court’s decision.
In custody cases, especially involving international relocation, courts generally consider the emotional, psychological, and physical safety of the child. Hamade advised parents to document concerns about the potential harm of relocation, including any emotional, educational, or financial impacts, as these can be crucial in court decisions focused on the child’s best interests.
The case is part of a broader trend of international custody disputes, as highlighted by a similar case in September, where a toddler was brought back to Dubai after being unlawfully taken to the UK by his mother. The UK high court recognized Dubai as the child’s “habitual residence” and upheld the father’s right to have the child returned.
Samara Iqbal, managing partner at Aramas International Lawyers, warned that unlawfully taking a child could lead to severe legal consequences, including criminal charges and loss of custody rights. She advised parents to report the abduction to local authorities and file an urgent application in UAE courts if a child is unlawfully removed. Iqbal also stressed the importance of working with the UAE Ministry of Foreign Affairs to communicate with foreign authorities if the child is already abroad.
The UAE has also introduced reforms to its family laws, particularly regarding expats, making the system more accommodating in international custody cases. The new Personal Status Law for non-Muslims in Abu Dhabi, for example, allows for joint custody and gives greater consideration to the child’s best interests, aligning more closely with international standards. As the UAE continues to evolve as a global hub for expatriates, further family law reforms are expected, balancing international practices with local traditions.
