Updated Travel Reforms Under Personal Status Law

Author : Awatif Al Khouri | Published On : 20 Apr 2026

Introduction

International travel is not merely recreational for numerous expatriate families in the UAE, it is essential for the preservation of family bonds that transcend national boundaries. However, in cases of separation or divorce, a child’s capacity to travel overseas caused legal problems. Under the previous legal framework, the guardian had broad authority to restrict or prevent a child’s travel, which often led to disputes.

The 60 Day Travel Provision

The 60 day travel provision in Federal Decree-Law No. 41 of 2024 helps resolve parental standoffs regarding international travel. Under the general rule, Article 116(1) says that a custodial parent must obtain prior written consent of the other parent or guardian before travelling with the child outside the State. Article 116(2) gives the court the power to grant authorization for a period not exceeding 60 days in a year in order to avoid unreasonable refusals by the guardian. The court also has the right to extend the 60 days for the child’s best interests, for any cause, including medical or urgent necessity that the court deems appropriate. Also, the court is legally required to implement measures to ensure the child’s return to the State.

These changes signify a substantial improvement over Article 149 of the 2005 Law, which required the tutor’s written approval for any travel outside the State. The previous legislation permitted a parent to submit a refusal by the guardian to the judge, however, it lacked a codified, specific time-limited window for court authorized travel. Under that previous regime, the absence of clear timeframes often resulted in prolonged travel bans that hindered the international lives of expatriate and separated families. The 2025 reforms achieve a balance between the child’s right to maintain international relationships and the non-custodial parent’s right.

Legal Custody and Document Possession

One of the most stressful situations for divorced parents pertains to the custody of the child‘s physical documentation. The new law effectively ends this conflict by clearly dividing responsibilities to prioritize the child’s daily stability. Under Article 117(1), the law acknowledges a balance, i.e., while the guardian (typically the father) generally keeps the child’s passport, he is legally required to deliver it to the mother whenever travel is planned. To prevent this from becoming a point of leverage, Article 117(2) provides a safeguard, if the father “unreasonably refuses” to hand it over, a judge can intervene and order that the mother keep the passport directly.

These changes are even more useful for everyday living. Article 117(3) gives the custodial mother the right to keep the original birth certificate and identity card (Emirates Identity Card). This shift is profoundly human, it means that a mother doesn’t have to ask for permission every time. The law gives her these powers, which take away much of the stress and allow parents to focus on raising their child rather than fighting over paperwork.

Financial Responsibility and Adult Autonomy

The 2025 Personal Status Law introduces critical clarity regarding the fiscal and personal rights surrounding a child’s records. Article 124 states that the father is legally responsible for all of the child’s identification documents, including their issuance and renewal up to date. This provision removes a frequent source of friction, ensuring the custodian has the authority to manage the child’s daily needs without being hindered by financial disputes. Parallel to this is the significant advancement of adult autonomy under Article 117(4), which grants children the right to retain their own passports and identity documents once they reach 18 years of age. The 2005 law originally lacked these specific mandates regarding renewal fees and automatic document retention. Historically, the absence of such precise legislation led to frequent disputes over administrative expenses and document possession, which the new reforms now decisively resolve.

Safeguards under the law

To ensure that expanded travel freedoms do not lead to legal abuses, the law implements rigorous safeguards against parental child abduction. Under Article 252, the law imposes significant penalties on any custodian who takes a child out of the UAE without the guardian’s permission or a court order. Violators face imprisonment and/or a fine ranging from AED 5,000 to AED 50,000.

Furthermore, Article 124 acts as a deterrent against the misuse of identification documents. While the custodian is entitled to hold the child’s papers, they are strictly prohibited from using them for travel without consent or in any way that harms the guardian’s rights or contradicts the child’s best interests. If these provisions are violated such as using documents for unauthorized personal gain, the guardian is legally empowered to request that the court strip the custodian of these documents to prevent further risk.

Conclusion

The 2025 legal changes are a big step forward in finding a balance between the needs of modern, mobile families and the necessity for stability. These changes to custody laws in the UAE place the child’s right to have a normal life first, while also making sure that both parents’ rights are protected in a clear and enforceable way. The change to the Gregorian calendar under Article 2 for the calculation of all time periods is a significant update that further aligns the UAE with international standards. Federal Decree-Law No. 41 of 2024 makes the UAE’s family law a welfare-based system that focuses on the child’s stability during minority period.