What Happens to the Children if Both Parents Leave UAE After Divorce?

March 25, 2026

For expatriate families in Dubai, divorce often raises a question that rarely comes up for UAE nationals: what happens to the children when both parents plan to leave the country? This is one of the most practically significant questions in expat family law, and the legal answer is more nuanced than most parents expect.

The Starting Reality: Most Expat Families Eventually Leave

Unlike UAE nationals whose ties to the country are permanent, expatriate parents often see Dubai as a temporary home. When a marriage breaks down, each parent may have strong reasons to return to their home country — family support networks, career opportunities, or simply wanting to rebuild their life somewhere familiar.
The complication is that both parents cannot simply pack up and take the children with them to separate countries. The children’s living arrangements after divorce require formal legal resolution — and that must happen before either parent boards a plane with the children.

Can Both Parents Leave Dubai After Divorce?

Yes — the adults are free to leave the UAE at any time. There is no legal requirement for divorced parents to remain in Dubai after their divorce is finalised.
However, the children are a different matter. A divorced parent cannot take a child out of the UAE permanently without either the other parent’s written, notarised consent or a UAE court order specifically permitting the relocation. This applies even after the divorce is concluded.

What If the Custodial Parent Wants to Relocate Abroad?

If the parent who has been granted physical custody wants to take the children to live in another country — whether the UK, India, Australia, or anywhere else — they must apply to the UAE family court for a relocation order.
The court will consider several factors when deciding whether to grant this permission:
• The reason for the proposed relocation — is it genuine and in good faith?
• The impact on the children’s relationship with the non-relocating parent
• What contact arrangements can be put in place to maintain the parent-child relationship
• The children’s own views, especially for older children
• The relative quality of life and stability the children would have in each location
• Whether the non-custodial parent’s guardian rights are adequately protected
Courts do not automatically grant relocation permission simply because the custodial parent has valid personal reasons. The children’s best interests — specifically their right to maintain meaningful relationships with both parents — is the primary consideration.

What If Both Parents Agree to Leave and Take the Children Separately?

If both parents are leaving Dubai and agree that one parent will take the children to one country while the other goes elsewhere, this arrangement must be formalised in a legal agreement and approved by the UAE court.
An informal agreement between parents — even in writing — is not legally enforceable in the UAE or internationally unless it has been made an order of the court. Without this, either parent can subsequently challenge the arrangement, and there is no mechanism to enforce it if one parent later changes their mind.

International Enforcement of UAE Custody Orders

Once both parents leave the UAE, enforcing a UAE custody order becomes more complex. UAE court orders are not automatically enforceable in other countries — each country has its own rules about recognising foreign judgments.
For example, a UAE custody order would need to be formally recognised by the UK courts to be enforceable in England and Wales. This is a separate legal process that should ideally be initiated before the family leaves Dubai, not after a problem arises.

Practical Steps for Expat Parents Planning to Leave Dubai

• Do not leave Dubai with the children without a court order permitting it
• Formalise any agreed custody and relocation arrangements through a UAE court consent order before departure
• Obtain apostilled copies of all custody orders for use in your destination country
• Consider applying for recognition of the UAE order in your home country before you arrive
• Establish agreed international contact schedules — video calls, holiday visits, school holiday sharing — and have these written into the order
• Update your family lawyer if either parent’s plans change after the order is made

What About Children’s Residency and Visas?

When both parents leave the UAE, any UAE residence visa the children hold will need to be cancelled or transferred. If the children are leaving permanently, their UAE residency should be formally cancelled through the relevant channels. If they may return to visit the non-custodial parent, maintaining or easily reinstating their UAE residency should be discussed with your lawyer as part of the overall arrangements.

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