Learn About the Laws of Child Custody in the UAE

 

Getting a divorce is often challenging for couples with children. Mostly, each party wants to gain full or at least equal custody of their kids. But this matter is not for them to decide. Child custody in the UAE is decided in the child’s best interests. The Family matters within the UAE are regulated by Federal Law No. 28 of the year 2005 (UAE Personal Status Law), Federal Law No. 5/1985 on the Civil Transactions Law of the United Arab Emirates State, and Abu Dhabi Law No. 14/2021 on Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi. Whereas the Abu Dhabi non-Muslim Personal Status Law applies to non-Muslims expatriates in Abu Dhabi, the UAE Personal Status Law shall continue to apply to Muslims in Abu Dhabi.

Keep reading to learn more about child custody in the United Arab Emirates.

Guardianship and custody

One of the interesting aspects of the UAE Personal Status Law is that different roles are assigned to each parent, particularly the custodian and guardian. As per the UAE Personal Status Law, the guardian financially maintains the children, takes care of the child’s affairs, and makes crucial decisions about upbringing and education. Contrastingly, the custodian deals with the daily life of the child, hence they have physical custody of the child. That means they’re responsible for caring for and raising the child.

At times, a parent may be allowed to play both roles. Usually, it’s the mother who gets custody of the children until a certain age, and the father is almost always the guardian. However, every family situation is unique, so the Court decides and gives orders in the children's best interest.

Determining someone unfit to be the carer

Child custody in the UAE may not be given to the mother if she is deemed unfit as a carer. To be qualified as custodian, the mother must fulfil requirements, such as being honest, sound mind, capable of raising a child, mature, free of infectious disease, and not sentenced to a serious crime. If a father says that the mother is unfit, the Court will investigate the allegation.

You can learn more about child custody in the UAE by consulting a family lawyer. Be sure to work with a reputable and experienced lawyer if you’re going through a divorce and child custody dispute.

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