A Malaysian father in Dubai has won his appeal against an order that would have allowed his daughter to be handed over to her mother under a Malaysian custody ruling.

Dubai's Court of Appeal ruled on September 29 that the mother had not provided the official documents needed to enforce the Malaysian judgment in the UAE, overturning a June order that had allowed enforcement.

The court found 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. It stressed that its decision concerned only the requirements for enforcing a foreign judgment, not which parent should have custody.

The original Malaysian ruling, issued in May 2024, granted custody to the mother. A separate order in June 2025 required the father to hand the girl over so she could be taken back to Malaysia. The girl currently lives with her father in Dubai.

The court also rejected the argument that the UAE-Malaysia Comprehensive Economic Partnership Agreement supported enforcement of the custody ruling, and ordered the mother to pay court fees and costs, along with Dh300 towards legal fees.

Dr Hassan Elhais, Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the responsibility for providing such evidence rests with the party seeking enforcement, and that the decision matters for international child-return disputes.

(Source: Khaleej Times)