Lifting Travel Ban for Custodial Mother
- Custody Law
- Travel Ban
- Personal Status Law
Case Overview
Challenge
Travel ban preventing mother from traveling with child under custody
Strategy
Emergency petition under Personal Status Law Article 116
Outcome
Same-day approval, travel ban lifted
The Challenge
One of our clients approached our office seeking legal advice regarding her wish to travel to her home country accompanied by her son, who is under her custody, despite the fact that the child was subject to a travel ban.
Our client's query was specifically related to the possibility of lifting the travel ban and obtaining authorization to travel with her son for a period of only four days, after which she would return with him to the United Arab Emirates, together with an order obligating the child's guardian to hand over his passport.
Our Legal Strategy
Our office's response in this regard was clear and unequivocal: it is legally permissible for the custodial mother to travel with the child under her custody, with the lifting of any imposed travel ban that might prevent such travel, and with the delivery of the child's passport to her to enable the travel.
Accordingly, we filed a petition on an urgent application before the Judge of Summary Matters, requesting that our client be handed the child's passport, that any imposed travel ban be lifted, and that she be granted permission to travel with the child for the period specified.
Successful Resolution
On the same day of filing the petition, the Judge issued his order granting our client authorization to travel with her son under custody for the period requested, lifting any travel ban for the duration of such travel, and obligating the child's guardian to deposit the passport with the court for delivery to our client.
Thus, the matter was resolved for our client in the quickest and most efficient manner, thanks to our deep understanding of the provisions of law. We guided our client safely through the legal process, enabling her to travel to her home country with her son and return to the UAE thereafter.
Case Timeline
From consultation to resolution in a single day
Key Legal Principle
“Article 116 of Personal Status Law 41/2024 grants custodial mothers the right to travel with children under their custody, with appropriate legal safeguards and court supervision.”
