When one parent has placed a travel ban on a child within the UAE, the situation can create significant barriers for families wishing to travel internationally for temporary periods. This guide provides a clear, step-by-step approach to legally lift such a ban, allowing the child to travel abroad temporarily, typically when the other parent or a legal guardian wishes to take the child on a trip.
Step 1: Filing a Petition
The first step in removing a travel ban on a child is to file a petition with the court. This petition is essential for obtaining legal permission to modify the existing travel restrictions. It's generally noted that the approval rate for these petitions is high, suggesting a positive outlook for applicants.
Step 2: Providing a Guarantor
Once the petition is approved, the next step involves the provision of a guarantor. The role of the guarantor is crucial, as they effectively assume the legal responsibilities should the child not return to the UAE as stipulated. The guarantor must be a resident of the UAE and should possess a good standing in the community, stable employment, a robust bank account, and a satisfactory salary certificate. The selection of a suitable guarantor is pivotal and must meet the court's standards to progress further.
Step 3: Court Approval and Travel Ban Transfer
With a suitable guarantor presented, the court then moves to transfer the travel ban from the child to the guarantor. This transfer ensures that the child can legally leave the country, but it also places the responsibility on the guarantor, who will face a travel ban until the child returns to the UAE.
Step 4: Monitoring Travel
Upon the child’s return to the UAE, the parent must initiate the process of proving the child's re-entry. This involves securing an exit and entry record from immigration authorities, which serves as evidence that the child has adhered to the conditions set forth by the court.
Step 5: Reinstating the Original Travel Ban
With the necessary proof of the child’s return in hand, the final step is to apply to the court to lift the travel ban from the guarantor and reinstate it on the child, if necessary. This reversal is essential to fulfill the legal obligations initially agreed upon with the court and the guarantor.
Timelines and Recommendations
The process of removing and reinstating travel bans typically takes between five to seven business days for each phase. Given the complexities and potential delays in legal proceedings, it is advisable for parents to prepare well in advance of their planned travel date. Notifying and coordinating with the guarantor about the timeframe needed to remove and later reinstate the travel bans is crucial to ensuring a smooth legal transition.
Conclusion
Traveling with a child who is under a travel ban in the UAE involves a detailed legal procedure that requires careful planning and adherence to judicial processes. By understanding and properly executing these steps, parents can ensure that their travel plans proceed without legal hindrances, while also respecting the regulatory framework established by UAE law. It is always recommended to consult with a legal expert to navigate this complex process effectively and ensure compliance with all legal requirements.
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