Dubai court blocks order to return girl to Malaysia over custody

Dubai: A Malaysian father has won an appeal in Dubai against an order to hand over his daughter to her mother for return to Malaysia, after the court found that a crucial document required to enforce the foreign custody ruling was missing.

Dubai Court of Appeal overturned an earlier decision allowing the Malaysian judgment to be enforced in the UAE, ruling that the mother had failed to submit an official certificate proving that the custody ruling was final and binding under Malaysian law.

The September 29 ruling centred on whether the Malaysian custody judgment met the legal requirements for enforcement in the UAE. The court stressed that its decision did not determine which parent should have custody of the girl, who currently lives with her father in Dubai.

The father, represented by Amal Al Rashedi Lawyers and Legal Consultants, challenged the enforcement order, arguing that the mother had not provided the documents required under UAE law to enforce a foreign judgment.

The appeal court accepted his argument, ruling that the mother had failed to submit an official certificate from the Malaysian court or another competent authority confirming that the custody judgment was final and legally binding.

It ruled that this missing document was sufficient to overturn the enforcement decision.

“This case involved more than simply recognising a foreign custody ruling. The Malaysian proceedings included orders seeking the child's physical return from the UAE to Malaysia, making it particularly important to meet all legal requirements for enforcement,” said Dr Hassan Elhais, Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants.

“The key issue was the absence of an official document confirming that the Malaysian judgment had attained the final and binding status required for enforcement in the UAE.”

How the Malaysian custody dispute unfolded

A Malaysian court granted custody of the girl to her mother in May 2024, while setting out the father's visitation rights and prohibiting him from taking the child outside Malaysia or the state of Penang without her permission.

The father appealed the decision, but his challenge was dismissed in May 2025. His subsequent request for permission to appeal before Malaysia's Federal Court was rejected in September 2025.

Meanwhile, in June 2025, a separate Malaysian court order directed the father to hand over the girl to her mother so she could take the child back to Malaysia. The order also authorised police officers and other appointed individuals, including Malaysian embassy staff, to assist in carrying it out.

The mother subsequently approached the Dubai courts seeking enforcement of the Malaysian custody judgment and the orders directing the child's return.

She argued that the original custody ruling had become final after the father's appeals were dismissed. She maintained that the subsequent order was intended to implement the original judgment.

The father, however, challenged the enforcement application, arguing that the documents submitted did not meet the UAE's legal requirements for recognising and enforcing foreign judgments. He also pointed out that proceedings in Malaysia concerning the order for his daughter's return were still ongoing.

Court says formal certification was required

Dubai's Court of Appeal examined the earlier decisions issued by the Malaysian courts but ruled that the dismissal of the father's appeals was not a substitute for the official certification needed to establish that the custody judgment was final and enforceable.

The judges said the court was not required to establish the judgment's legal status by piecing together documents from different stages of the Malaysian proceedings.

“The responsibility for providing that evidence rests with the party seeking enforcement,” Dr Elhais said.

The court also dismissed the argument that the UAE-Malaysia Comprehensive Economic Partnership Agreement provided a basis for enforcing the custody ruling.

Child's welfare arguments not considered

The father's lawyers also challenged the jurisdictional basis of the enforcement application and raised concerns about the girl's welfare.

They submitted psychological assessments and school records to support their argument that she should remain in her existing environment in Dubai.

However, the judges said there was no need to examine these arguments, as the failure to provide the required official certification was sufficient to determine the appeal.

Dr Elhais, who also serves as Co-Chair of the Relocation Committee of the International Academy of Family Lawyers, said the ruling had wider implications for international child-return disputes.

“Cases involving a child’s return to another country can be urgent and have immediate consequences for the family. That urgency makes careful preparation essential: the application must establish the conditions for enforcement through the evidence required in the country where enforcement is sought,” he said.

Dubai's Court of Appeal overturned the earlier enforcement order and rejected the mother's application. It also ordered her to pay the court fees and costs, along with Dh300 towards legal fees.