We often come across cases whereby either spouse has secured judgment in his/her favor to get custody of the child in a foreign country or in country of their origin. The question that arises is how one can enforce foreign judgment in the UAE. Further, what are implications one has to face for keeping the child in the UAE without consent of spouse?
Child custody issue is addressed under Hague Convention 1980, which states that all member states are required to execute foreign judgment for custody of the child through their local courts. However, the UAE is not a party to this convention nor are there any international or bilateral treaties in force between the UAE and other countries. All foreign nationals are subject to the jurisdiction of UAE Courts, as well as to the country’s laws and regulations.
In cases where either spouse keeps child custody without consent of other spouse then there are various aspects that are taken into consideration, the first and most important aspect is age of the child. A case for International Child Abduction can be filed in foreign country. However, such judgments of foreign courts and custody orders are not enforceable in the UAE but can lead to various restrictions and complications.
To know more details on this subject matter, please feel free to contact our Family Lawyers.