Family Law Considerations of Relocation to Middle East

Relocating to the Middle East can present many exciting opportunities and there are myriad reasons why families, divorced and separated parents may wish to explore such a move. However, family law differs considerably between the UK and Middle Eastern countries and it is therefore crucial for expatriates to be aware of the legal implications, including for child arrangements and/or financial matters. 

The Impact of Sharia Law

Sharia Law can play a significant role in many Middle Eastern countries, including child custody and inheritance. When relocating, it is essential to understand how Islamic law may influence family law matters from both a child and financial perspective. 

Islamic estate planning, for example, means that assets are distributed in accordance with religious principles. In divorce, assets typically remain with the person in whose name they are registered - often the husband. It is also illegal for unmarried couples to live together in many Middle Eastern countries and adultery can be a criminal offence, such as in the UAE. 

Child Arrangements 

Decisions regarding child arrangements in England and Wales are made with the best interests of the children as the primary consideration. This is similar in many Middle Eastern countries, such as in the UAE, where the courts will prioritise a child’s welfare and consider their best interests.

Despite this apparent similarity, the interpretation of best interests can differ and in some instances there may be a preference for paternal custody. This has the effect that, on divorce, the mother generally becomes the custodian of young children, while the father is the guardian. Custody usually shifts to the father (on his application) when boys and girls reach the age of 11 and 13, respectively, as this is the age when they cease being minors. In certain cases, custody can be transferred from the mother to other family members in a specific order.

Relocation for Separated Parents 

When planning a move with children where one parent is to remain in England and Wales, obtaining the consent of the other parent or permission from an English court is crucial. In court proceedings, a judge will apply a statutory checklist to determine what is in the best interests of the child. This includes evaluating the impact of the relocation on the child's relationship with both parents and the potential benefits to the child of the move.

The court's scrutiny of the proposed relocation plans is heightened by statutory presumptions of parental involvement. This means that any significant decision, such as relocating to a foreign jurisdiction, requires thorough evaluation of the parents' plans, ensuring they are appropriate and in the child's best interests.

Custody agreements may also require approval on expatriates’ arrival in the Middle East and these can be made enforceable by the courts. 

Relocating to the UAE with children involves navigating a complex legal landscape, particularly concerning custody arrangements. For expatriate families, understanding these legal nuances is essential to ensure a smooth transition.

Abduction

Relocating to another country without the other parent’s consent is likely to constitute abduction. Some countries, including the UAE, for example, are not signatories to the Hague Convention on Child Abduction, making it more difficult to secure the return of a child taken to the UAE without consent. International arrest warrants can be issued, but they come with serious repercussions, including criminal records and travel restrictions for the accused parent.

Divorce 

Marriage and divorce laws in the Middle East can also vary considerably. In some countries, the process of obtaining a divorce can be more complex and may require adherence to specific religious or cultural practices. The division of assets and spousal support may be handled differently and enforcing maintenance orders from England and Wales can be more challenging due to the lack of reciprocal arrangements.

Consulting with legal experts and staying informed about the relevant laws will provide peace of mind and protect the interests of all family members during this significant life change. At Irwin Mitchell, we have a team of specialist family lawyers who can advise on cases involving relocation and who work alongside experts qualified to advise on other relevant factors, such as Sharia Law.

Find out more about our International Family Law Team.