Relocating with a child from the UK to Dubai involves several legal steps and considerations to ensure compliance with family law and the best interests of the child.
You need permission to relocate a child from every person who has parental responsibility for them, or you need an order of the Family Court.
How can I succeed in making a relocation to Dubai application?
Getting the strategy right to successfully move to Dubai is fundamental to these applications and success will hinge on the quality of your Dubai relocation plan, how it is presented to the court, and by considering the points that the non-relocating parent is likely to raise and by showing that you’ve considered these.
For more detail about making a successful application generally, please see Family Court applications to relocate with your children.
Why do you want to relocate to Dubai?
Known for being a family friendly destination, with a low crime rate, private education and an affluent lifestyle, Dubai has become a hotspot for expats. Your application should focus on why Dubai will be a great place to raise your child.
For example, you should research the high-quality education systems and the world leading healthcare facilities.
There may be financial and economic advantages from living in Dubai that allow you to provide a better lifestyle for your children, especially with extensive employment opportunities and tax breaks.
There is an abundance of sporting and cultural activities on offer in Dubai, and it is strategically placed globally to allow travel opportunities.
These are all important considerations and reasons which you should tailor to your family and present in your Dubai relocation application.
Are there extra considerations before I consider relocating to Dubai?
Moving to Dubai can be more difficult than moving to another country because of its specific requirements. Your UK solicitor can help you arrange to take advice from a family lawyer in Dubai to ensure you meet the particular conditions that apply and have fully prepared for the move.
Other important considerations may include:
- ensuring you have any necessary visas and work permits
- Dubai offers a variety of international schools following British, American and International Baccalaureate curricula, but many have long waiting lists so apply early. Many charge high tuition fees so factor that into your budget and explore any potential employer assistance
- healthcare in Dubai is not free, so securing comprehensive medical insurance for children is crucial
- consider family-friendly neighbourhoods with good amenities and proximity to schools
- the cost of living can be high, so make sure you consider your rent, utilities and other living expenses
- are you planning to drive? If so, you may need a Dubai specific driving licence.
What do I need to put in place to relocate to Dubai?
As well as having the correct permission to remove your children, there are specific legal documents you will need to live and work in Dubai on a more permanent basis. You are likely to need a sponsor, (usually your proposed employer), and evidence of where you will live and work.
Once your employment has been arranged, you will need to ensure you have a valid work permit to work in Dubai. Eligibility can depend on what level of income you are going to receive so it is important to ensure that you check any job offers before accepting.
It is possible for expats to sponsor their families to obtain a UAE visa, and appropriate advice should be taken at the earliest possible stage.
Am I likely to succeed in relocating with my children to Dubai?
Custody disputes in Dubai are governed by a combination of federal laws, local emirate regulations and Islamic Sharia law principles, so you will need to consider your position in both jurisdictions (England and UAE).
However, the country where the child is habitually resident is likely to be the legal system that resolves any dispute between you.
The UAE is not a signatory to the Hague Convention on Child Abduction, which means if a child is removed from the UK to the UAE by a parent without the other parent’s consent, it may be hard or impossible to have them returned, save for the threat of international arrest warrants and the risk of a criminal record and not being able to travel internationally. These may act as a deterrent.
My ex-partner is taking my children to live in Dubai — how can I ensure I see them?
If you are the non-relocating parent you will want what is commonly referred to as a “mirror order” put in place in the relocating country to allow reciprocal enforcement. When it comes to Dubai, the agreement/UK order needs to be acceptable to a committee in the UAE known as the ‘Reconciliation Committee’ which, once accepted, can be made a judgment of the local court which ensures it is enforceable. The courts can issue an order to hold funds in a trust or escrow account until the relocation is completed to ensure the relocating parent does not abscond with the child using the funds. This can be useful where there are concerns about the relocating parent’s intentions.
The law in Dubai is very different to how the English courts would deal with matters; for example, children stop being minors at an earlier age, 13 for girls and 11 for boys, and mothers tend to be granted automatic custody for girls and temporary custody of boys until maturity, (which can be lost on re-marriage), which will then revert to the father if he applies for it. The mother can request an extension of custody if it is in the child’s best interests and supported by evidence. The courts do not consider the children’s wishes and feelings until they reach an age of discretion and the views of the parties can hold different weight with the court depending on whether they are Muslim.
Do I need a solicitor to help me relocate with the children to Dubai?
Relocating with a child from the UK to Dubai requires careful legal planning and consideration of the child’s best interests. Obtaining the necessary parental consent or court permission is essential to ensure a smooth transition and compliance with family law.
As with all decisions effecting children, permission to relocate will only be granted or refused if it is deemed to be in the best interests of the children.
For personalised advice and assistance on relocating to Dubai with your children, consulting with a family law solicitor is highly recommended to navigate the complexities of the application process. They can help prepare your case, gather the necessary evidence, and arrange representation at court. The team at Weightmans have extensive experience dealing with successful leave to remove applications.
