Tim Elliott
Welcome to Lawgical, the first regular podcast navigating legal processes in the UAE. I’m Tim Elliott, and in today’s podcast, we’re discussing recent changes in Dubai concerning travel bans on children in cases of divorcing parents. As always, Ludmila Yamalova is with me. She’s the managing partner of the Dubai-based legal firm HPL Yamalova & Plewka. Hello, hello, Ludmila.
Ludmila Yamalova
Hello, hello, Tim. Good to be here with you as always. Thank you for having me.
Tim Elliott
So, exactly what’s changed, Ludmila, in the process for lifting travel bans on children in cases of divorcing parents here in Dubai?
Ludmila Yamalova
There’s a significant change. But before diving into the specifics, let’s set the stage for those unfamiliar with travel bans in the UAE.
The UAE has historically had a judicial tool called a travel ban, which allows one parent to prevent the other parent from taking their child or children out of the country. This applies in cases where parents are already divorced, in the process of divorcing, or even involved in a broader family dispute.
This tool has existed for various reasons, but its relevance in the UAE is heightened because of the country’s unique demographic mix. As a nation of expats, with residents from different nationalities, religions, and cultural backgrounds, disputes can become complex. For many families, the UAE isn’t their home country, so when disputes arise, there’s a risk that one parent may leave with the children.
For example, consider an Australian couple living in Dubai. If they divorce, the father may stay in Dubai for work, but the mother might want to return to Australia with the children. This is challenging for the parent remaining in Dubai, as the physical distance makes shared parenting difficult.
There have also been more complex cases involving mixed nationalities and religions, where one parent takes the children without consent, which legally constitutes kidnapping. This judicial tool exists to prevent such situations and ensure that children remain accessible to both parents until disputes are resolved.
Tim Elliott
So, the travel ban is primarily about preventing one parent from removing the children and ensuring disputes are resolved fairly?
Ludmila Yamalova
Exactly. The travel ban serves two key purposes:
- Preventing unilateral actions – It stops one parent from taking the children abroad without the other’s consent.
- Encouraging resolution within the UAE – It incentivizes both parents to stay in the country and resolve their disputes under UAE jurisdiction.
However, the system doesn’t work automatically. A travel ban isn’t placed just because a couple is divorcing. One parent must request the court to impose the ban, and the court must approve it.
Once a ban is in place, the children cannot leave the country unless the court approves the travel. This ensures both parents have access to the children and prevents manipulation or coercion during disputes.
Tim Elliott
What’s the process if one parent needs to travel with the children?
Ludmila Yamalova
If a travel ban is in place and one parent wants to travel with the children, they must apply to the court to lift the ban temporarily. They need to provide justification, such as visiting family, taking a holiday, seeking medical treatment, or renewing passports.
Once the court approves, the decision is now automatically communicated to the Criminal Investigation Department (CID) and immigration authorities. This is part of the new integrated system between the Dubai courts, CID, and immigration, making the process much faster and more efficient.
Tim Elliott
How did the old system work, and why was it so time-consuming?
Ludmila Yamalova
Under the old system, after the court approved lifting the travel ban, the parent had to request a physical letter from the court addressed to CID. They then had to take this letter to the CID office, locate the correct department, and hand it over for processing.
The manual nature of this process caused delays, as it depended on factors like staff availability, processing times, and whether the letter was correctly handled. Sometimes, errors in the letter—such as omitting travel dates—required additional back-and-forth between the court and CID, further delaying the process.
We’ve seen cases where the travel dates specified in the court’s letter had already passed by the time the travel ban was lifted.
Tim Elliott
So, what’s different now?
Ludmila Yamalova
Now, when the court approves lifting a travel ban, the decision is automatically communicated to CID and immigration through an integrated system. The travel ban is lifted almost immediately, eliminating the need for physical letters and manual processes.
Similarly, when the children return to the UAE, the system automatically reinstates the travel ban. This streamlined communication between the courts, CID, and immigration makes the process more fluid and efficient.
Tim Elliott
What prompted this change?
Ludmila Yamalova
The change is part of Dubai’s Social Agenda 33 Initiative, which was launched in January 2024. This initiative aims to enhance living standards, including streamlining legal and bureaucratic processes.
Tim Elliott
For listeners unfamiliar with the Social Agenda 33, can you explain its objectives?
Ludmila Yamalova
The Dubai Social Agenda 33 aims to position Dubai among the world’s top three cities for quality of life. Objectives include:
- Achieving a healthy life expectancy among the top 10 globally.
- Tripling the number of Emiratis in the private sector.
- Providing land plots and loans for every new Emirati within a year of application.
- Doubling the number of new Emirati families in Dubai.
It’s a comprehensive plan to improve healthcare, education, and living standards in Dubai by 2030.
Tim Elliott
Do these changes impact the divorce process for parents?
Ludmila Yamalova
Absolutely. The new system significantly reduces stress and bureaucracy for divorcing parents, allowing them to focus on their families instead of navigating cumbersome administrative processes.
Tim Elliott
That’s another Lawgical, breaking down recent changes in Dubai concerning travel bans on children in cases of divorcing parents. Thanks for listening and watching. If you’re with us on YouTube, thanks as always to our legal expert, managing partner of HPL Yamalova & Plewka, Ludmila Yamalova.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
Look out for more on the legal world in the UAE on Lawgical soon. Reach out to us on social media—Instagram, Facebook, TikTok, LinkedIn. The podcast is free at lylawyers.com or wherever you find your podcasts. Be sure to subscribe to stay informed and empowered. If you have a legal question, contact us at lylawyers.com, and it might be answered in a future episode of Lawgical.