Tim Elliott
Welcome to Lawgical, the UAE’s first and only regular legal podcast. My name is Tim Elliott, and as always, I’m with the managing partner of the Dubai-based legal firm Yamalova & Plewka here in Dubai. Her name is Ludmila Yamalova. Lovely to see you.
Ludmila Yamalova
Good to be here with you, Tim.
Tim Elliott
Today, we’re going to talk about travel bans. I had a quick look at our podcast archive, and this is a subject we’ve never tackled head-on in one episode. We’ve touched on travel bans in relation to other cases, but this is the first time we’re dedicating an episode to them.
Travel bans are something we’re all kind of aware of here in the UAE. Many people may find themselves unknowingly subject to one, perhaps for a misdemeanor. It’s a familiar story—you’re heading to the airport, ready to fly off on holiday, and you’re stopped by the authorities. Questions are asked, and suddenly you realize you’re not leaving the country. So let me start there: how and why, historically, might a travel ban be placed on someone? How does it work?
Ludmila Yamalova
There are different types of travel bans, and different authorities can issue them. To break it down into categories or contexts, travel bans generally arise in:
- Criminal Cases
- Civil Cases
- Family Cases
Let’s take a quick look at each:
- Criminal Cases: These are perhaps the easiest to understand. If someone is accused or convicted of a crime, a travel ban ensures they don’t flee the country.
- Civil Cases: Travel bans in civil matters are usually tied to non-payment of a judgment. For example, if someone owes money as part of a court ruling, a travel ban can be issued to prevent them from leaving until they fulfill their financial obligations.
- Family Cases: These often involve disputes about custody or guardianship of children. For instance, one parent may request a travel ban to prevent the other parent from leaving the country with their child.
At a high level, the purpose of a travel ban is to prevent someone from fleeing the UAE and to ensure accountability, whether it’s in a criminal, civil, or family-related matter.
Tim Elliott
So what exactly is a travel ban in legal terms?
Ludmila Yamalova
A travel ban is a legal tool that prevents someone from leaving the country. It can be issued by the courts or other judicial authorities like the police or prosecution.
- In Criminal Cases: The police or prosecution can issue a travel ban without a court order if someone is accused of a crime. For example, if someone is accused of theft, the police can immediately issue a travel ban while the case is investigated.
- In Civil and Family Cases: Travel bans are issued by the court and are tied to specific legal obligations. For example, in family cases, a travel ban might prevent a parent from traveling with a child without the other parent’s consent.
The duration of a travel ban depends on the nature of the case—it might last until a judgment is fulfilled, the case is resolved, or the individual complies with their legal obligations.
Tim Elliott
It’s fascinating how effective this tool is. You mentioned earlier that travel bans are more common here in the UAE because so many of us are expats.
Ludmila Yamalova
Exactly. Because the majority of people in the UAE are expatriates, it would be easy for someone to leave the country and avoid their legal responsibilities. Travel bans are designed to ensure that individuals sort out their obligations before leaving.
Tim Elliott
And once those obligations are met—paying a debt, for example—the travel ban is lifted immediately?
Ludmila Yamalova
That’s right. Travel bans are not arbitrary. They’re linked to specific legal obligations, such as:
- Paying a monetary judgment in a civil case.
- Complying with a court order in a family case.
- Serving a sentence or paying a fine in a criminal case.
For instance, in a criminal case, if the judgment is a fine, the travel ban is lifted once the fine is paid. In civil cases, a travel ban can be lifted as soon as the outstanding debt is settled.
Tim Elliott
What about civil cases? Can a travel ban be imposed even before a judgment is issued?
Ludmila Yamalova
Yes, in civil cases, travel bans can be requested as a precautionary measure before a final judgment is issued. For example, if someone issues a check that bounces, the other party can request a travel ban while the case is ongoing.
To obtain a travel ban in such cases, the amount in dispute must exceed AED 10,000, and the claim must be specific and well-documented.
Tim Elliott
What happens if the individual disputes the claim? Can they still get the travel ban lifted?
Ludmila Yamalova
If the individual disputes the claim, they can deposit the disputed amount with the court as a guarantee. This allows them to request the court to lift the travel ban while the case is resolved.
In some cases, the person who requested the travel ban may also agree to lift it, especially if there’s a settlement or other guarantee in place.
Tim Elliott
Let’s talk about family cases. Travel bans on children are common in custody disputes. Can those bans be lifted?
Ludmila Yamalova
Yes, travel bans on children can be lifted by the court if the requesting parent agrees or if sufficient guarantees are provided. For example, a parent might place a deposit or provide other assurances that they won’t flee with the child.
Tim Elliott
I’ve heard that people used to leave their passports as a guarantee to lift a travel ban. Is that still true?
Ludmila Yamalova
Yes, but it’s not always accepted. It depends on the case:
- In minor offenses or civil cases, leaving a passport as a guarantee might be enough.
- For serious offenses or large monetary disputes, a passport alone may not suffice. Authorities might require multiple guarantees, such as a deposit or other forms of collateral.
It’s also risky for anyone to leave their passport as a guarantee for someone else, as there have been cases where individuals skipped town, leaving the guarantor in a difficult position.
Tim Elliott
Travel bans are certainly a highly effective tool. That’s another edition of Lawgical. Ludmila, as always, I’ve learned something new. Thank you!
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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