Dubai Court Cancels Order to Transfer Girl to Mother Under Malaysian Custody Ruling
Dubai's Court of Appeal overturns enforcement of Malaysian custody ruling due to lack of official documentation.
A Dubai court has reversed a previous order that would have transferred custody of a girl to her mother based on a Malaysian court ruling. The Court of Appeal decided on September 29 that the mother failed to provide the necessary official documents to enforce the foreign custody judgment in the UAE.
The girl currently resides with her father in Dubai. The mother had sought enforcement of a Malaysian custody decision granting her custody and requested the child's return to Malaysia.
Court's Findings
The father's legal team, Amal Al Rashedi Lawyers and Legal Consultants, contended that the documents submitted by the mother did not fulfill the legal criteria required to enforce a foreign judgment in the UAE. The court agreed, noting the absence of an official certificate from the Malaysian court or a competent authority confirming the custody ruling was final and binding under Malaysian law.
This deficiency was sufficient for the court to overturn the earlier enforcement order issued in June. The court emphasized that its ruling focused solely on whether the enforcement conditions for a foreign judgment had been met, not on the custody merits themselves.
Dr Hassan Elhais, Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants, explained that the case involved more than recognition of a foreign custody arrangement, as the Malaysian proceedings included orders aimed at securing the child's physical return from the UAE to Malaysia. He highlighted that the key issue was the lack of formal evidence confirming the Malaysian judgment's enforceability.
Case Background
The original Malaysian custody ruling, issued in May 2024, granted custody to the mother, defined the father's visitation rights, and prohibited the father from taking the child outside Malaysia or Penang without the mother's consent.
The father's appeal against the custody decision was dismissed in May 2025, and a subsequent request to appeal to Malaysia's Federal Court was denied in September 2025.
In June 2025, a separate Malaysian order required the father to hand over the child to her mother to facilitate her return to Malaysia. This order also authorized police, embassy officials, and other designated persons to assist in enforcing the transfer.
The mother argued that the custody ruling was final since the father's appeals had been rejected and that the June order was intended to implement the original custody decision. She requested the Dubai courts to enforce this ruling.
The father challenged the sufficiency of the documents for enforcement and noted ongoing Malaysian proceedings concerning the child's return.
The Dubai court reviewed the Malaysian appeal decisions but concluded they did not substitute for the official certification needed to prove the custody ruling's finality. The court stated that the party seeking enforcement must provide this evidence.
The court also dismissed the claim that the UAE–Malaysia Comprehensive Economic Partnership Agreement supported enforcing the custody ruling.
Broader Impact
Dr Elhais, who also serves as Co-Chair of the Relocation Committee of the International Academy of Family Lawyers, remarked that this ruling is significant for international child-return cases. He noted that such cases often require urgent action, making thorough preparation and proper evidence essential for enforcement in the jurisdiction where enforcement is sought.
The father's lawyers additionally presented arguments concerning jurisdiction and the child's welfare, including psychological evaluations and school records supporting the child's continued residence with the father. However, the court found these issues unnecessary to address, given the lack of required documentation.
The court dismissed the mother's enforcement application and ordered her to pay court fees, costs, and Dh300 toward legal fees.
What this means for you
- Enforcement of foreign custody rulings in the UAE requires official certification confirming the judgment is final and binding.
- Parents seeking to enforce foreign custody decisions in UAE courts must provide complete and formal documentation.
- Ongoing legal proceedings in the foreign country may affect enforcement requests in the UAE.
- The UAE courts focus on legal requirements for enforcement and do not decide custody merits in such cases.