Dr. Hassan Elhais Strengthens Cross-Border Custody Enforcement Insights at IAFL Asia Pacific Symposium
Dr. Hassan Elhais, a prominent family lawyer based in Dubai and Abu Dhabi, has been recognized for his expertise in handling complex child custody cases, particularly those involving cross-border enforcement. Recently, he was elected co-chair of the Relocation of Children Committee of the International Academy of Family Lawyers (IAFL). Elhais delivered a significant presentation addressing key issues affecting expatriate families at the IAFL Asia Pacific Symposium held in Kuala Lumpur on May 19, 2026.
Context of the Symposium
The IAFL Asia Pacific Symposium, hosted by the Malaysian Bar Council, served as a precursor to the larger IAFL Asia Pacific Chapter Meeting scheduled for May 20-24, 2026, at the Grand Hyatt Kuala Lumpur. This symposium brought together legal experts and practitioners to discuss emerging trends and challenges in family law, particularly in cross-border contexts.
Dr. Elhais’s Role and Expertise
With over 18 years of experience as a legal consultant at Amal Alrashedi Lawyers & Legal Consultants, Dr. Elhais specializes in family law, arbitration, and inheritance law. His academic credentials include a diploma in private law, a Master’s degree, and a PhD in Law awarded in 2019. His recent election as co-chair of the Relocation of Children Committee underscores his proficiency in international custody matters, particularly those involving relocation disputes.
Key Topics Addressed
During the symposium, Dr. Elhais focused on cross-jurisdictional family law issues, specifically the enforcement of custody in multi-jurisdictional cases. He highlighted the varying legal treatments of foreign custody orders and the implications for expatriates living in the UAE.
Foreign custody orders are not automatically enforceable in different jurisdictions. The recognition of such orders depends on local domestic law, comity, reciprocity, and res judicata. Dr. Elhais pointed out that the lack of a bilateral treaty or multilateral convention complicates the enforcement of custody orders across borders, particularly for expatriates with ties to multiple countries.
Challenges for Expatriate Families
Custody disputes present unique challenges for expatriate families in the UAE, especially since the country is not a contracting state to the Hague Convention. This absence means there is no automatic return mechanism for children wrongfully removed from their habitual residence. Dr. Elhais emphasized the importance of proactive measures to prevent unauthorized relocation before a child is taken abroad.
UAE’s Legal Framework
Dr. Elhais outlined the UAE’s legal framework regarding international custody, which has undergone significant reforms. The Federal Decree Law No. 41 of 2022 introduced the principle of joint custody and extended the age of custody to 18 years. Furthermore, Cabinet Resolution No. 122 of 2023 established stricter rules for traveling abroad with children without consent. These reforms are part of the UAE’s initiative to designate 2026 as the “Year of the Family,” which aims to enhance procedural guidance and resources for family courts.
Enforcement Mechanisms and International Treaties
The symposium also addressed enforcement mechanisms under international treaties. The Hague Convention on the Civil Aspects of International Child Abduction provides a framework for cooperation among member countries, designating a Central Authority in each country to facilitate the return of children. However, the UAE’s non-participation in this treaty complicates enforcement efforts.
Dr. Elhais noted that parents can apply for emergency travel bans if they suspect the other parent is planning to leave the country with a child. This serves as an immediate enforcement tool within the UAE, allowing parents to act swiftly to protect their children’s interests.
The Importance of Global Legal Collaboration
The growing complexity of cross-border custody cases necessitates international cooperation and specialized legal knowledge. Dr. Elhais highlighted that the demand for international family law experts is increasing, with many family law practitioners reporting a rise in international cases. The IAFL symposiums provide essential networking opportunities for legal professionals, enabling them to share insights and strategies for navigating these intricate legal landscapes.
Conclusion
Dr. Hassan Elhais’s contributions at the IAFL Asia Pacific Symposium reflect the pressing need for effective legal frameworks to address the challenges faced by expatriate families in cross-border custody disputes. His expertise in navigating multi-jurisdictional legal systems is vital for ensuring the best interests of children involved in international custody matters.
For further information on Dr. Hassan Elhais’s insights and developments in family law, visit the Latest News section.
Published on 2026-05-26 11:08:00 • By the Editorial Desk
