FD25P00022 - [2025] EWHC 1222 (Fam)

On 1 February 2023, the UAE brought into force a Federal Law of Civil Status (“FLCS”) to apply a civil/secular set of family law principles to non-Muslims in a separate court from cases brought under Federal Personal Status Law (“PSL”), of which the most recent iteration was brought into force on 15 April 2025, which is principally aimed at Muslim families. Where the FLCS has gaps, it will be filled by application of the PSL. For example, the travel ban and the passport order were both obtained under the PSL.

The FLCS changes, which are designed to move towards a more international legal approach for non-Muslim families, have not yet been fully explored and tested, and so there is a level of uncertainty as to how these provisions will be applied by the courts. The principal changes are to provide for equal treatment of parties, and to evaluate child arrangements according to best interests.

Divorced parents have joint custody in raising the children. The amount of time spent by the children with each parent may be equal or unequal, subject to what the court considers is in the best interests of the children.

After divorce under the FLCS, a mother is entitled to (i) a residence to raise the children in accordance with the previous standard of living, and (ii) maintenance which can be paid monthly or by lump sum.

The behaviour/conduct of the parties can be taken into account in determining custody and/or financial arrangements. F could raise the removal of the children by M as behaviour suggesting she is an untrustworthy/unfit mother, but there is no indication yet how the court would approach that suggestion.

There is a duty contained in many of the provisions about children to consider the best interests of the child, although there is not one overriding requirement to do so.

Mr Edge does not believe the mother is at material risk of any criminal proceedings in UAE, by reason of the removal of the children.

M could make an application for relocation in Dubai based upon Article 10(3) of the FLCS (although relocation is not specifically mentioned). It is not clear how that will be interpreted. There is no real case law on such applications.

The parties may submit an agreement (including one entered into in England) which can be confirmed and enforceable locally as a judgment/order in the court.

A new Domestic Violence Law came into force in 2024. It defines domestic abuse to encompass physical, psychological, sexual and economic harm. Coercive control is not expressly referred to but the identified factors could combine to be interpreted in that way. It makes provision for setting up shelters and safe spaces. Again, it is too soon to know how it will be implemented by the courts. In the past, the courts have required evidence of physical abuse and it remains to be seen whether the recent law change will expand the approach of the courts.

The courts take account of domestic abuse in children cases, although they tend to deal with all matters on a rolled up basis, rather than a separate fact finding hearing.

It is possible to obtain a Protection Order either from the Public Prosecutor or from the courts, but Mr Edge said this can be a bureaucratic process and take some time, which he measured in months.

It would be straightforward for F to apply to discharge the existing passport order, travel ban, and visitation order.

Legal proceedings are likely to be expensive and lengthy.

Undertakings given to an English court are not enforceable in Dubai, but can be made anew to a Dubai court or before a Notary, although I was not told what sanctions are available in the event of breach.