Relocation of a child after divorce directly impacts the schooling, family relations, communication, emotional development, and more. The UAE courts carefully examine various aspects before giving a final judgment. Child custody arrangements do get complex. When any parent wants to relocate with the child it get even more overwhelming because both parties fight for the custody. In the UAE, parental relocation cases are handled with utmost seriousness and caution. The relocation of children after divorce takes place as per the legal laws and provisions. The prime focus is to ensure the best interests of children in relocation case.
Relocation of Children after Divorce
Mainly, relocation is under the banner of the UAE Personal Status law. Relocation of a child after divorce is regulated by the UAE family laws and regulations on child custody, guardianship, and parental duties. The UAE courts may decide on relocation based on factors such as:
- Child Emotional Needs
- Physical Needs
- Educational Requirements
The rules will vary from case to case, but the core issues taken into consideration are as follows:
- Nationality
- Background
- Religion
- Status of Residency
The general aim is to preserve the stability of the child’s life. Relocation may disturb the normal family setting, and thus, judges exercise extra care and due diligence while deciding about it.
There is very strict scrutiny involved before an approval is granted. The law protects the rights of children, mother, and father. However, the priority is given to children’s well-being.
Furthermore, long-term emotional stability of a child is also given key importance. The court may quantify potential disruptions before passing a final verdict on the relocation of children after divorce. Court never takes any decision against the betterment of children. Court has absolute and ultimate rights to take the decisions for the well-being of children. Therefore, a proper legal representation by attorneys are invaluable. In UAE, emirate lawyers are, the only lawyers who can represent you in Court. Emirati advocates and legal consultants are the most trusted professional legal experts in UAE.
Why Parents Request Relocation after Divorce
Parents are free to relocate whenever they want to. It can be due to various reasons as discussed below:
- Pursue new job or business opportunities.
- Better educational choices, or opportunities.
- Access family support, access to family members
- Safety concerns, Protection.
- Domestic conflicts, personal issues or concerns
Nevertheless, every case is unique. The reasons may differ is every case and therefore the priority is given to the betterment.
The reasons for relocating are carefully evaluated by the UAE courts. They will ensure reasoning is legal, valid, and genuine. They will also take into account the context and evidence of the case.
Advantages associated with relocation post-Divorce
There are many economic and social benefits attached to it. Parents may argue over relocation, but it offers advantages in different forms to a child. It may result in:
- Improved housing
- More stability
- Better financial support
- Bright future prospects
It is up to the court to assess the benefits. If the advantages outweigh the drawbacks, this will compel them to suggest relocation. The UAE Courts will assess in detail the reasons for relocation and favor it if it is meaningful and sustainable.
On the contrary, the other parent may disagree and suggest otherwise. In many cases, the non-custodial parent may fear the loss of contact and communication with his biological child.
Court will examine every aspect before favoring relocation. This might impact visitation rights and also affect the involvement in school activities of a child. The judges will take up emotional connections of a child. They will take into account the alternative parenting plans. This is to preserve the parent-child relationship in a relocation case in UAE.
The parental objections are taken seriously to protect the child from abrupt change or impact over child’s mental health.
Relocating children after divorce may restrict the daily engagements between parent and the child. The courts may look deeper into the matter and suggest modifications. In many cases, co-parenting may become impractical or one-sided.
Factors affecting the Parental Relocation cases in the UAE
The judges and juries will be assessing numerous factors before making any decision. It may include:
- Child’s mental and emotional needs
- Physical well-being
- Age of the child
- Educational plans
- Children’s stability
- Living arrangements
- Child’s personal choice
- Child safety
- Long-term implications on child
The UAE courts will be analyzing a range of factors and may also request reports from social workers and psychologists. This will assist in evaluating the potential outcomes. The UAE court will consider the long-term interests and development rather than short-term convenience. They will choose what is best for the child without any pressure.
In some cases, the child’s personal choice is also taken into consideration. The grown-up children can also express their opinions, and the court will take them into account.
Evidence Needed
The parents are required to submit the legal documents. They need to explain and provide proof of their relocation. They also need to explain the reasons and feasibility of the relocation plan. The pieces of evidence will be required for the following:
- School admissions,
- Mobility of the relocation plan
- Details of employment contracts,
- Medical records,
- Immigration papers,
- Housing arrangements
The UAE Courts will be thoroughly examining the paperwork to ensure the financial ability and safety of the child. The consistency of the child’s development is also given paramount importance. The evidence may be required to show the reliable planning and smooth execution.
On the contrary, the judges of the court will evaluate the challenges associated with relocation. They will also consider the factors like:
- Emotional pain or stress
- Academic disruption
This is taken into consideration to make sure the parents demonstrate realistic plans. As a result, it will minimize risk and allow for realistic strategic planning for the future.
Settlement over litigation
The UAE courts always prefer mediation and settlement or lawsuits, especially in family cases. They will encourage the parents to resolve the matter outside the courtroom. They will also facilitate and negotiate solutions. Mediation may produce results as follows:
- Agreement on relocation,
- Visitors’ schedules,
- Financial responsibilities distribution
Nevertheless, if no consensus is achieved the litigation is the available option. Lawsuits can be time taking, stressful, and consuming energy. The mediation is always a preferred way to provide collaboration. It will preserve communication between parents.