Sharjah court rejects father’s appeal against child travel order

Sharjah: A Sharjah court has rejected a father’s appeal against an order allowing the mother of his two children to travel abroad with them, after the children returned safely to the UAE, fulfilling the purpose of the travel guarantee.

The Sharjah Federal First Instance Court upheld the travel order and ordered the father to pay court fees and expenses.

Father sought additional safeguards

The case followed an order allowing the custodial mother to travel abroad with the two children, subject to a legally approved guarantor to ensure their return.

The father said he did not object to the travel but sought stronger safeguards. He asked the court to place copies of the children’s foreign passports on file, verify their travel documents and examine the guarantor’s identity, residence, financial solvency and legal capacity.

He also sought to retain the children’s passports and Emirates IDs until the conditions were verified, along with details of their travel plan, accommodation and return arrangements. He further asked the court to clarify the supervisory role of the relevant social services authority.

Defence: Guarantee had served its purpose

The defence, led by lawyer and legal adviser Abdullah Bin Hatem, said the mother had completed the authorised trip and returned to the UAE with both children.

It said the purpose of the guarantee had been fulfilled, with the children’s passports returned to the father and the guarantor’s passport returned to the guarantor.

Court upholds travel order

The court found the grievance had been filed within the legal deadline and was therefore admissible.

Under Article 116(2) of the Personal Status Law, a custodial parent may be allowed to travel with a child for a limited period subject to a suitable guarantee ensuring the child’s return.

The court said the guarantee is intended to prevent children from being retained abroad and protect the other parent’s rights to supervision and follow-up.

As the mother had completed the trip and returned with the children within the authorised period, the court found that the purpose of the guarantee had been fulfilled.

It therefore held that the father’s requests for additional safeguards and further verification of the guarantor were no longer necessary.

The court rejected the grievance on its merits and upheld the original travel permission, ordering the father to pay the court fees and expenses.

The ruling reaffirmed that such guarantees are intended to secure children’s safe return, while making clear that objections over a completed trip carry little practical weight once the children have returned safely to the UAE.