The Dubai Court of Appeal has upheld a challenge by a Malaysian father living in the emirate, overturning an earlier order to enforce a Malaysian custody ruling and hand his daughter over to her mother. The court said the mother had failed to provide the official documents required to prove that the Malaysian judgment was final and binding.

According to Khaleej Times, the Dubai Court of Appeal ruled on September 29, 2026, to overturn a June order enforcing the Malaysian court judgment in the UAE.

The girl at the centre of the case currently lives with her father in Dubai. Her mother had previously asked the UAE courts to enforce the Malaysian ruling granting her custody, along with subsequent orders for the child’s return to Malaysia.

However, the father’s lawyers from Amal Al Rashedi Lawyers and Legal Consultants argued that the documents submitted by the mother did not meet the legal requirements for enforcing foreign judgments in the UAE.

Why the order to hand the child to her mother was overturned

After reviewing the case, the Dubai Court of Appeal accepted the father’s lawyers’ arguments, finding that the mother had not submitted an official certificate from the Malaysian court or another competent authority confirming that the custody judgment was final and binding under Malaysian law.

The court stressed that the absence of this certificate was, in itself, sufficient grounds to overturn the enforcement order.

The judges also made clear that their decision concerned only whether the legal requirements for enforcing a foreign judgment in the UAE had been met. It did not determine which parent should be awarded custody of the child.

Dr Hassan Elhais, senior legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the case went beyond the recognition of a foreign custody judgment because the Malaysian proceedings also included orders for the child’s return from the UAE to Malaysia.

He said this made compliance with the legal requirements for enforcing foreign judgments even more important. The decisive issue in the case was the absence of official evidence establishing that the Malaysian ruling had the legal status required for enforcement.

Details of the custody case before the Malaysian courts

The initial custody judgment was issued by a Malaysian court in May 2024.

Under the ruling, custody of the girl was awarded to the mother, while the father’s rights to contact and visit the child were also established.

The father was also prohibited from taking the child out of Malaysia or the state of Penang without the mother’s consent.

The father challenged the ruling, but his appeal was dismissed in May 2025. His subsequent application for permission to appeal to Malaysia’s Federal Court was also rejected in September of that year.

In June 2025, a separate court order required the father to hand the girl over to her mother so that she could return the child to Malaysia.

The order also authorised police officers, Malaysian embassy staff and other designated individuals to assist with the child’s return.

Parents dispute whether custody ruling was final

During the proceedings, the mother argued that the Malaysian custody judgment had become final because the father’s previous challenges had been rejected by the courts.

She also said the subsequent order to hand over the child had been issued to enforce the original ruling and that her application before the Dubai court sought enforcement of the main custody judgment.

The father, however, challenged whether the documents submitted for enforcement in the UAE complied with the legal requirements.

He also said proceedings relating to the order requiring his daughter’s return to her mother were still continuing in Malaysia.

After reviewing the previous Malaysian court decisions, the Dubai Court of Appeal found that the dismissal of the father’s challenges could not replace the official certificate required to prove that the custody judgment was final.

The judges stressed that the court was not required to compare documents and rulings issued at different stages of the Malaysian proceedings and independently determine whether the judgment was final.

Dr Elhais also emphasised that responsibility for providing such evidence rests with the party seeking enforcement of the judgment.

The court also rejected an argument that the Comprehensive Economic Partnership Agreement between the UAE and Malaysia could serve as a basis for enforcing the custody judgment.

Significance of Dubai ruling for international custody disputes

Dr Elhais, who also serves as co-chair of the Child Relocation Committee at the International Academy of Family Lawyers, said the ruling was significant for international cases involving the return of children to other countries.

He explained that legal disputes over returning a child to another country can be highly urgent and have immediate consequences for families.

According to Dr Elhais, this urgency makes it essential for legal applications to be prepared with greater care and for all enforcement requirements to be established through the necessary documentation in the country where enforcement is sought.

Psychological assessments and school records submitted

In addition to challenging the legal documentation, the father’s lawyers raised issues concerning jurisdiction and the child’s best interests.

To support their request for the girl to remain in her current home environment in Dubai, they submitted psychological assessments and her school records to the court.

However, the judges said there was no need to consider these arguments because the failure to provide the official certificate proving that the Malaysian judgment was final was sufficient to decide the appeal.

Mother’s application rejected and costs awarded

The Dubai Court of Appeal ultimately rejected the mother’s application to enforce the Malaysian custody judgment and overturned the earlier order enforcing it in the UAE.

The court also ordered the mother to pay the legal costs and AED300 towards lawyers’ fees.

The judgment does not mean that permanent custody of the child has been awarded to the father. It only confirms that the documents submitted to enforce the Malaysian court ruling in the UAE did not meet the necessary legal requirements.