Enforcement of Visitation (Child Custody) Judgments in the UAE
Samir Zakarna
Director of Operations at Zayed Al Shamsi Advocates and Legal Consultants.
The enforcement of a visitation judgment—whether by agreement or by compulsion—is carried out upon the request of the entitled party, along with the submission of a report from the Visitation Center or a court-appointed social worker confirming that the custodian or the child has refused visitation without justification.
The enforcement judge must consider the best interest of the child through:
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Determining the days, times, and location of visitation, including during school days, holidays, and vacations.
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Deciding whether or not the child may be accompanied, or allowed to stay overnight.
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Taking into account the distance between the residences of both parties.
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The enforcement judge may amend the visitation schedule, location, and the terms of visiting or accompanying the child as set forth in the executive instrument.
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The child may not be accompanied outside if under the age of two; visitation must take place at the custodian’s residence.
In the event of refusal to enforce the visitation judgment, legal procedures will be taken against the non-compliant party, including:
After reviewing the report of the Visitation Center or the court social worker, if the party still refuses to comply, the judge may impose a penalty for non-execution of the visitation judgment, which may include a fine ranging from AED 1,000 to AED 10,000 per day of refusal, or imprisonment. The competent court may also order compensation for non-enforcement of the visitation judgment.
In cases of repeated refusal by either party to comply with visitation, such actions are documented in the enforcement record, indicating the number of violations or breaches of the agreement and identifying the non-compliant person.
Refusal to implement a visitation judgment by the custodian may, under certain circumstances, lead to the revocation of custody due to non-enforcement. If the breach is by the entitled party, the penalty may include suspension of visitation rights for a specified period—all while taking into account the best interest of the child.