Mother’s Safe Return With Children Leaves No Practical Grounds for Further Objections.
Sharjah: A Sharjah court has dismissed a father’s appeal against an order permitting the mother of his two children to travel abroad with them, after the children returned safely to the UAE and the purpose of the travel guarantee had been fulfilled.
The Sharjah Federal First Instance Court upheld the original travel order and directed the father to pay the associated court fees and expenses.
Father sought additional safeguards
The case arose from an order permitting the custodial mother to travel abroad with the two children, provided that a legally approved guarantor was appointed to ensure their return to the UAE.
The father maintained that he did not oppose the trip itself but wanted additional safeguards to protect the children’s interests.
He asked the court to keep copies of the children’s foreign passports on record, verify their travel documents and review the guarantor’s identity, place of residence, financial solvency and legal capacity.
He also requested that the children’s passports and Emirates IDs be retained until the required conditions had been verified. In addition, he sought information about the travel itinerary, accommodation and arrangements for the children’s return.
The father further asked the court to clarify the supervisory responsibilities of the relevant social services authority during the process.
Defence: Guarantee had fulfilled its purpose
The defence, led by lawyer and legal adviser Abdullah Bin Hatem, argued that the mother had already completed the authorised trip and safely returned to the UAE with both children.
It said the guarantee had therefore served its intended purpose. Following their return, the children’s passports were handed back to the father, while the guarantor’s passport was returned to the guarantor.
Court upholds travel order
The court found that the father’s grievance had been submitted within the legally prescribed deadline and was therefore admissible for consideration.
It referred to Article 116(2) of the Personal Status Law, which allows a custodial parent to travel with a child for a limited period, provided an appropriate guarantee is in place to ensure the child’s return.
The court explained that the purpose of the guarantee is to prevent children from being kept abroad and to safeguard the other parent’s right to maintain supervision and follow up on their welfare.
Since the mother had completed the authorised journey and returned to the UAE with the children within the permitted period, the court determined that the guarantee had achieved its intended purpose.
As a result, it found there was no longer a practical need for the additional safeguards requested by the father or for further examination of the guarantor’s details.
The court consequently dismissed the grievance on its merits and upheld the original permission allowing the mother to travel with the children. The father was also ordered to pay the court fees and related expenses.
The ruling underscored that travel guarantees in such cases are primarily intended to ensure the safe return of children. It also indicated that once an authorised trip has been completed and the children have returned safely to the UAE, further objections concerning that journey serve little practical purpose.
