The bond of fatherhood and motherhood is not severed by divorce; the child's right to remain in contact with both parents endures however they separate. For this reason, the Personal Status Law has given particular attention to regulating the relationship between the non-custodial parent and the child, guaranteeing visitation, hosting, accompaniment and overnight stays within controls that protect the child's best interests, while also laying down precise rules for travel with the child that balance the custodian's right against the guardian's right of supervision. In this article we explain these rights and how they are organised, executed and applied after divorce.
What are the rights of visitation, hosting and travel with a child in custody after divorce in UAE law?
41/2024
The Personal Status Law governing visitation and travel with the child
Visitation, hosting & overnight
Forms of contact guaranteed to the non-custodial parent
The best interests
The governing standard in all arrangements for the child
First: What is the right of visitation and who is entitled to it?
The right of visitation is the right of the non-custodial parent to see the child and remain in contact with them after the parents separate; it is, at the same time, a right of the child not to be cut off from their father or mother. The Personal Status Law issued by Federal Decree-Law No. 41 of 2024, in force from 15 April 2025, expressly provides for the non-custodial parent's right to visit, host, accompany and have the child stay overnight, in a manner that does not conflict with the child's best interests.
Who is entitled to visit the child?
The non-custodial parent: entitled to visit and accompany the child as determined by the judge, who specifies the place, time and manner of handover.
The child's close (mahram) relatives: in the event of the death or absence of one of the parents, the child's close relatives are entitled to visit them as determined by the judge.
Second: What is the difference between visitation, hosting, accompaniment and overnight stays?
The law has distinguished between graduated forms of contact with the child, varying in duration and place according to what the child's interest requires:
Visitation (the visit)
Seeing the child and being in contact with them at a place and time set by agreement or court ruling.
Hosting
The child going to the non-custodial parent to spend a defined period with them as determined.
Accompaniment
Taking the child outside the usual place of visitation within the prescribed period and controls.
Overnight stay
The child staying overnight with the non-custodial parent if the child's interest so requires and it is provided for in the ruling or by agreement of the parties.
All these forms remain governed by a single overarching condition: that they do not conflict with the best interests of the child; this is the standard by which the judge weighs the type, duration and place of contact.
Third: How are visitation arrangements organised?
The path for organising visitation
1. An amicable agreement between the parents on visitation arrangements, which may be recorded before the Family Reconciliation and Guidance Centre so that it acquires the force of an enforceable instrument.
2. Where agreement is not possible, the non-custodial parent is entitled to file a formal request to enforce their right to visit the child.
3. The court decides by specifying the place, time and manner of handover, in a way that achieves the child's best interests.
Fourth: How is a visitation ruling enforced and what is the effect of breaching it?
Once issued, a visitation ruling becomes enforceable and is enforced by compulsion if the person holding the child refuses to enable the other party to exercise their right. If a breach of the agreed or adjudicated visitation arrangements occurs, it is recorded in the visitation minutes and referred to the judge.
Compulsory enforcement
The person holding the child is compelled to enable the non-custodial parent to have visitation in accordance with the ruling.
Effect of repeated breach
The consequences of breach — once established before the court — may extend to the forfeiture of custody or the denial of visitation.
Fifth: What are the controls on travelling with the child?
The law has regulated travel with the child through precise controls that balance the child's best interests against the legal guardian's right of supervision. The minor's travel remains restricted until they reach the age of majority (21 years), so they may not travel alone or with the custodian without the guardian's consent:
The rules on travelling with the child in brief
1. For ordinary travel: the divorced mother who is the custodian by court ruling must obtain the father's written consent.
2. If the father refuses to grant consent: the mother is entitled to file a request for a travel permit from the court.
3. The court considers the request in light of the child's best interests, especially if the travel is necessary for treatment or education.
Complying with these procedures and obtaining prior consents or judicial permission is the safe way to avoid disputes and to ensure that the child's travel is not obstructed when there is a legitimate need for it.
Sixth: What is the governing standard for all these arrangements?
Visitation, hosting, accompaniment, overnight stays and travel are all united by a single governing standard: the best interests of the child. Any arrangement agreed upon or adjudicated is given effect only if it is consistent with these interests, and the court may modify or restrict the arrangements whenever the child's interest so requires, in a way that provides them with a healthy, safe environment and preserves their bond with both parents.
Seventh: How is this regulated for non-Muslims?
Non-Muslims are governed by the civil personal-status provisions set out in Federal Decree-Law No. 41 of 2022, which regulate the care of children after separation within their own framework, including arrangements for contact with the child and the preservation of their bond with both parents, with the child's best interests remaining the basis on which those arrangements are built.
Legal references
• Federal Decree-Law No. (41) of 2024 issuing the Personal Status Law — federal decree-law.
• Federal Decree-Law No. (41) of 2022 on Civil Personal Status — federal decree-law (for non-Muslims).
Are you facing an obstacle in seeing your child or in travelling with the child?
The team at AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS helps you organise visitation and hosting arrangements, enforce their rulings, and obtain a travel permit for the child, preserving your right and your child's bond with you.
Specialised legal consultancy in custody, visitation and travel-with-the-child cases in the UAE.
Frequently asked questions
Who has the right to visit the child after divorce?+
The non-custodial parent has the right to visit, host, accompany and have the child stay overnight as determined by the judge. The child's close (mahram) relatives are also entitled to visit them in the event of the death or absence of one of the parents, in a manner that does not conflict with the child's best interests.
What is the difference between visitation and an overnight stay?+
Visitation is seeing the child and being in contact with them at a defined place and time, whereas an overnight stay is the child staying overnight with the non-custodial parent, which only occurs if the child's interest so requires and it is provided for in the ruling or by agreement of the parties.
What do I do if the other party prevents me from seeing my child?+
Where agreement is not possible or you are not enabled to exercise visitation, you are entitled to file a formal request to enforce your right, and the visitation ruling is enforced by compulsion. Any breach is recorded in the visitation minutes and referred to the judge, and its consequences may extend to the forfeiture of custody or the denial of visitation once established before the court.
May the custodial mother travel with the child without the father's consent?+
For ordinary travel, the father's written consent is required. If he refuses, the mother who is the custodian by court ruling is entitled to file a request for a travel permit from the court, which considers it in light of the child's best interests, especially if the travel is necessary for treatment or education.
Are agreed visitation arrangements binding?+
Yes. If the parties reach agreement and it is recorded before the Family Reconciliation and Guidance Centre, the minutes acquire the force of an enforceable instrument. Where there is no agreement, the court decides and specifies the place, time and manner of handover.
What standard does the court adopt in regulating visitation and travel?+
The governing standard is the best interests of the child; any arrangement for visitation, hosting, an overnight stay or travel is given effect only if it is consistent with them, and the court may modify or restrict it whenever the child's interest so requires.
Do these provisions apply to non-Muslims?+
Non-Muslims are governed by the civil personal-status provisions set out in Federal Decree-Law No. 41 of 2022, which regulate the care of children after separation within their own framework, with the child's best interests remaining the basis for those arrangements.
For specialised legal advice on organising child visitation and hosting, enforcing their rulings and obtaining a travel permit for the child, contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS.
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Legal disclaimer
The information in this blog is of a general nature and is provided for legal education and community awareness only. It does not constitute legal advice or a legal opinion to be relied upon in any particular case. Provisions differ according to the circumstances of each case and the development of the legislation and regulations governing it. It is advisable to consult a specialised lawyer for accurate advice suited to your legal situation before taking any action.
In the event of any discrepancy between this translation and the original Arabic text, the Arabic version shall prevail.
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