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.

Comments

Post a Comment

Popular posts from this blog

5 Tips for Finding the Best Divorce Lawyer in Dubai

A divorce is never easy; it’s an emotionally challenging time for both parties. It’s always best to have a lawyer who specializes in family law represent you during this hard time.  There are two types of divorce under Shariah Law: revocable and irrevocable. Divorce lawyers in Dubai can tell you more about each type. Here is a quick comparison: A revocable divorce allows both parties to maintain a valid marriage for three months until the divorce is finalized and concluded. An irrevocable divorce ends the marriage there and then. In comparison with other countries, the divorce cases in UAE are not simple and unambiguous, it certainly requires specialization of a legal representative. If you plan on getting a divorce, you need the help of an expert. Divorce lawyers in Dubai   have specific knowledge and skills to handle these types of cases. Here are a few tips on finding the best ones: Find a divorce lawyer who has dealt with cases similar to yours. Not every situation is the ...
Read more

0A Comprehensive Guide on Cyber Crime in UAE

  Cybercrime refers to any criminal activity that either targets or uses a computer and a network. Most cybercrime cases revolve around hackers—whether individuals or entire organizations—who want to make money online in illegal ways. In the United Arab Emirates, cyber-attacks gained traction a few years back, around 2013. Many fell victim to malware, Tor networks, and banking Trojans. Because of this, laws governing cybercrime in the UAE are strictly enforced. Here is a quick guide on what you need to know about cybercrime in the UAE: Who is considered a cybercriminal in the United Arab Emirates? Individuals who hack websites and accounts for entertainment purposes Individuals or organizations who use their skills for illegitimate financial gains Individuals or organizations who use the cyber world for revenge What are the penalties and punishments for violating UAE cybercrime laws? Illegal access to an electronic site Article 2 of the New Cyber Crime Law prohibits any individual ...
Read more

Tips on What to Expect from Lawyers in Abu Dhabi

Lawyers in Abu Dhabi hold a unique position and are capable of helping individuals, groups, or even organizations to deal with their legal problems. Variations can be there in the case of one person to another. Some may need help in a criminal case or some in a family law case. On the other hand, it can be for any legal issues which need the intervention of the law. As a client, you must have certain expectations from the lawyer you hire. So, what exactly can you expect from a lawyer in Abu Dhabi? Excellent listener : You can expect your lawyer to be a good listener. It is one quality that will encourage the lawyer to patiently take note of the case details to decide the next line of action. Good communication : Excellent communication skill is something which you can expect from your lawyer. He/she will be representing your case in court and against your opponent. Excellent communication skill is an asset for a lawyer. Competency and professionalism : When you appoint a ...
Read more