Abu Dhabi Court Gives Mother Three Months to Return Four-Year-Old Daughter From Philippines, With Dh300,000 Penalty Waived Upon Compliance and Father Entitled to Seek Sole Custody if She Fails.
An Abu Dhabi court has ordered a mother to face a conditional Dh300,000 fine after she failed to return her four-year-old daughter from the Philippines following a court-approved trip.
The financial penalty will cease to apply once the child is brought back to the UAE, according to Byron James, the lawyer representing the girl’s father.
In its October 20 ruling, the court gave the mother three months to return her daughter. If she fails to comply within that period, the father will be entitled to apply for sole custody and seek the mother’s removal from the existing joint-custody arrangement.
James confirmed that the child remains outside the UAE and that the mother has been formally notified of the judgment.
He explained that his client has temporarily delayed taking enforcement action to allow the mother an opportunity to comply voluntarily with the court’s instructions.
Speaking to, James emphasised that the Dh300,000 fine was intended to encourage the child’s return rather than serve purely as a financial punishment.
He described the penalty as one designed to be avoided through compliance with the court order.
The mother has 30 days from the date of the judgment to file an appeal, although James said the fine remains enforceable during that period.
History of alleged custody order violations
The legal dispute began in June 2023, when the Abu Dhabi Civil Family Court granted the father permission to visit his daughter at a designated child visitation centre.
Under the original arrangement, he was allowed to spend two hours with the child on the first and third Saturdays of every month.
In July 2026, the court revised the visitation arrangements, extending his contact time to eight hours on the designated Saturdays and permitting him to take his daughter outside the visitation centre.
On August 11, the court approved the mother’s request to travel abroad with the child for a trip scheduled between August 7 and August 21.
The authorisation required a financial guarantee to be deposited with the Abu Dhabi Judicial Department, where it would remain until the child returned to the UAE.
According to the judgment, the mother travelled to the Philippines with her daughter on August 12 but failed to bring her back by the court-approved return date.
The ruling also noted that the child continued to remain in the Philippines and had missed school in the UAE.
The court considered an earlier custody-related incident involving the mother.
In May 2026, she had been fined Dh80,000 after an incident in which she allegedly left the child in the care of strangers while travelling.
The court determined that the situation had placed the child at risk and breached existing custody instructions.
James said the Dh80,000 penalty was subsequently upheld on appeal.
The latest ruling referred to the repeated violations when determining the Dh300,000 conditional fine.
According to James, he believes the amount represents the highest fine imposed by the Abu Dhabi Civil Family Court against a parent for violating a custody order since the court was established.
However, that claim has not been independently verified.
What happens if the mother fails to return the child?
James explained that the latest financial penalty operates differently from a standard court-imposed fine.
Under the judgment, the Dh300,000 fine will cease to have effect once the child returns to the UAE.
The ruling does not specify a separate payment deadline for the fine itself.
Instead, the three-month period establishes the timeframe within which the mother must return her daughter before the father becomes eligible to request a change in custody.
The deadline expires on January 20, 2027.
If the child remains outside the UAE after that date, the father may apply to the court to terminate the mother’s participation in the joint-custody arrangement and request sole custody.
However, the judgment does not automatically award custody to the father. Any change would require a further court decision.
James explained that the father could also request additional court measures, including an order requiring the child’s passports to be deposited with the court and restrictions preventing her from travelling without his consent.
However, he clarified that these were possible legal steps the father could pursue and had not been ordered by the court in the current proceedings.
The lawyer said his client intends to initiate enforcement proceedings by opening an execution file if the mother fails to comply with the judgment.
According to James, potential enforcement measures could include deductions from bank accounts, the seizure of assets and the imposition of a travel ban.
He added that the mother has been asked to provide written confirmation of the date and flight details for her daughter’s return to the UAE.
Mother argues child is better cared for in the Philippines
During the court proceedings, the mother maintained that her daughter was living with her in the Philippines, attending school and receiving continuous parental care.
She argued that the existing arrangement served the child’s best interests and should therefore be allowed to continue.
The mother also questioned the father’s ability to provide sufficient care, claiming that his work commitments would prevent him from spending adequate time with their daughter.
She expressed willingness to arrange regular video calls between the father and child, as well as suitable opportunities for in-person contact in the Philippines.
However, she opposed the father’s requests to have the child returned to the UAE and to be granted sole custody.
The court rejected the mother’s arguments in its latest ruling.
James said the judgment was structured to give the mother an opportunity to comply with the return order before the father could pursue changes to the custody arrangement.
He reiterated that if the child is not brought back to the UAE within three months, the father will be permitted to apply for the mother’s removal from joint custody and request sole custody.
The mother retains the legal right to appeal the October 20 judgment.
According to James, she was formally served with the ruling on the same day it was issued, together with a letter from his law firm explaining the court’s requirements and the potential consequences of failing to comply.
The lawyer confirmed that the four-year-old girl remains in the Philippines.
