How to Get Child Custody After Divorce in the UAE

 An expatriate living in the UAE can apply their country’s laws when getting a divorce. However, the jurisdiction and the applicability of the law may differ when it comes to child custody in the UAE. The UAE courts will be responsible for ensuring the best interests of the child. Understanding the local laws is crucial to get an idea of the possible outcome of the situation.

 

One of the things you should know is that parents do not have equal parental responsibilities for the child. Following a divorce, the father is made the guardian and the mother is assigned as the custodian. A custodian is responsible for the care and nurturing of the child. That means she is responsible for meeting the day-to-day needs of the child in her home. That said, there are circumstances when the father could become the custodian.

 

Conditions to become the custodian

 

As per Article 143 and 144 of the Personal Status Law (Federal Law 28 of 2005), a custodian must be rational, honest, mature enough, free from infectious disease, can take care of and bring up a child, and has not been sentenced for a crime of honor.

 

If the mother is the custodian, she and her child must also share the same religion. If the father is the custodian, he must also belong to the same religion as the child and have a suitable woman (e.g. a female relative) in his home to care for the child.

 

Changes in custody

 

Article 146 of the Personal Status Law indicates that the mother will have custody of all young children, and the responsibility will be transferred to the father when the children reach the age of 13 for girls and 11 for boys unless the court orders against it. The court may also move child custody in the UAE to the father or another relative if it determines that the mother is not a suitable custodian. Nowadays, the court can be flexible to make sure that it can meet the best interests of children.

 

Dealing with a child custody matter can be daunting. However, you can always get a lawyer for help. A family lawyer will help you make informed decisions, so you have a favourable chance of success in getting child custody in the UAE

Comments

Popular posts from this blog

5 Tips for Finding the Best Divorce Lawyer in Dubai

Tips on What to Expect from Lawyers in Abu Dhabi

Hiring A Corporate Lawyer in Dubai May Be the Best Decision of Your Life