At the beginning of 2021, significant and amazing changes have been announced in Decision No. 33 of 2021 issued and applied in the Emirate of Dubai only.
One of the most significant changes in this decree is organizing the freedom of travel with the child and the travel ban decision, which can be issued against the child by one of the parents.
As per Article No. 14 of this decision, the right to travel with the child shall be secured by the force of law and protection of this right is beside the right of the father and mother, and in consideration of the child’s right before any other. Should one of the parents request to impose a travel ban, the following factors shall be considered:
The same decree gave the custodian the right to request travel with the child, however the court shall consider the following points:
For the first time, this decision gives the guardian the right to travel with the child for a short term even if the custodian has refused. Such significant changes are protecting the best interest of the parties and the child, where there would be restrictions, which affect the child and guardians’ best interest. Therefore, the decision gives the guardian the right to travel with the child in certain cases and if certain conditions have been considered, such as the following:
It is important to highlight that as per Article No. 2 of Decision No. 3 of 2021, that the context of this decision is issued for the sake of guidance and not mandatory to be applied and shall be considered in each undecided procedure or case, before the date of the decree’s issuance.
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