International Parental Child Abduction
United Arab Emirates February 19, 2002 DISCLAIMER: The information in this circular relating to the legal requirements of a specific foreign country is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel. GENERAL INFORMATION: The United Arab Emirates (UAE) is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between the UAE and the United States dealing with international parental child abduction. American citizens who travel to the UAE are subject to the jurisdiction of UAE courts, as well as to the country's laws and regulations. American citizens planning a trip to the UAE with dual national children should bear this in mind. CUSTODY DISPUTES: When child custody disputes arise between parents, custody decisions are based on Islamic (Shari'a) law. Non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE. Non-residents of the UAE may also file custody cases in the UAE, but may need to authorize a UAE resident and/or a lawyer practicing in the UAE to act on their behalf for the duration of the case. Non-Muslims are also permitted to file cases in the UAE family courts, under Shari'a law. In determining issues of custody, UAE courts may take into consideration the parents' religion, place of permanent residence, income, and the mother's subsequent marital status. Priority is generally given to the Muslim father, irrespective of his nationality, when the mother is a non-Muslim. As a basic starting point under Shari'a law, a Muslim mother may be granted custody of girls under the age of nine and boys under the age of seven, at which time custody may be transferred to the father. If a child has attained an "age of discretion," that child may be allowed to choose the parent with whom he or she wishes to live. A UAE lawyer should be contacted to discuss the definition of "age of discretion." If the court finds the mother "incompetent," custody of a child, regardless of age, can be given to the father, or to the child's grandmother on the father's side. A finding of incompetence is left fully to the discretion of the Shari'a judge. Shari'a courts consistently find parents incompetent if they engage in behavior that is considered to be inconsistent with the Islamic faith. Further, a mother may lose her rights of custody should she remarry. If both the mother and father are ruled incompetent, custody of the children may be given to the child's paternal grandparents. Persons who wish to pursue a child custody claim in a UAE court may wish to retain an attorney in the UAE. The U.S. State Department, the U.S. Embassy in Abu Dhabi and the U.S. Consulate General in Dubai maintain a list of attorneys practicing in the area. A copy of this list may be obtained by contacting any of these offices, but the Embassy and the Consulate cannot recommend any specific attorney, and make no claim as to the ability or the integrity of the attorneys on the list. The Embassy and the Consulate cannot pay for any legal expenses incurred. U.S. Embassy Abu Dhabi
P.O. Box 4009
Abu Dhabi, UAE
Phone: 971 2 443 6691
After hours emergency phone number: 971 2 443 4457
Fax: 971 2 443 5786
Workweek: Saturday through Wednesday U.S. Consulate General Dubai
P.O. Box 9343
Dubai, UAE
Phone: 971 4 311 6000
After hours emergency phone number: 971 50 645 8773
Fax: 971 4 331 8594
Workweek: Saturday through Wednesday U.S. Department of State
Office of Overseas Citizen Services
Washington, DC 20520
Phone: (202) 647-5225 Specific questions regarding child custody in the UAE should be addressed to an attorney practicing in the UAE or to the Embassy of the United Arab Emirates at: Embassy of the United Arab Emirates
3522 International Court, NW
Washington, DC 20008
Phone: (202) 243-2400
Fax: (202) 243-2432 ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in the UAE. UAE courts will not enforce U.S. court decrees ordering a parent in the UAE to pay child support. An American parent with a U.S. court order granting him or her custody can present that order to the court, and the court may take it into consideration, but it will not be binding in a custody proceeding in the UAE. VISITATION RIGHTS: Non-custodial parents are guaranteed visitation rights, but may have to seek approval from the appropriate authorities. In some cases the custodial parent and family have been very open and accommodating in facilitating the right of the non-custodial parent to visit and maintain contact with the child, but in other cases the custodial parent and family have not been so accommodating. DUAL NATIONALITY: Dual nationality is not recognized under UAE law. Children of UAE fathers automatically acquire UAE citizenship at birth, regardless of where the child was born. In certain circumstances, UAE mothers can also transmit citizenship. UAE citizens must enter and exit the country on UAE passports. TRAVEL RESTRICTIONS: Exit visas are not required to leave the UAE. However, all persons exiting the country must exit on the passport that shows proof of the person's legal status in the UAE, meaning either their residence or entry visa. A parent can obtain a court order that places a travel ban on a child, and this ban will be enforced at all the airports in the country. If a parent attempts to leave with a child who has been placed under a travel ban, this could potentially lead to new legal issues concerning the custody of the child. CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation (FBI). Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org. For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov. The State Department has general information about hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which supplement the country-specific information provided in this flyer. In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Public Announcements or Travel Warnings that may recommend U.S. citizens deter travel to that country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department's Office of Overseas Citizen Services at (202) 647-5225. | 
