Child Custody & Alimony Rules in the UAE

When a marriage ends, questions about children and money often cause the most strain. Parents want to know who will care for the child each day, who will make the key decisions, and how living costs will be met. In the UAE, these issues are shaped by both Sharia-based rules and, for non-Muslims, the option of civil family courts that apply different standards. The sections below explain how the UAE courts approach these questions and what expat families need to know.

Custody and guardianship: the basic distinction

The law draws a line between custody and guardianship. Custody covers a child’s daily needs, from housing and schooling to healthcare. Guardianship carries authority over money, travel, and legal consent. In practice, mothers are often custodians of younger children, while fathers keep guardianship, though courts can vary this. The guiding test is the child’s best interests, which allows judges to weigh age, health, home stability, and parental capacity. For expat families, outcomes can differ depending on whether the case goes through a Sharia-based court or the civil systems introduced in Abu Dhabi and Dubai.

Who can apply for custody and how courts decide

Both parents can apply for custody, and if neither is suitable the court may turn to grandparents or close relatives. Article 156 sets the default ages for maternal custody which is 11 for boys and 13 for girls, though judges can extend or shorten this if the child’s welfare calls for it. Certain events, such as a mother remarrying outside the family or a father failing to provide, can also trigger a review. Beyond that, judges consider religion, health, and the stability of the home. These cases are not decided on a single factor but on how the evidence points to the child’s welfare in the round.

Custody rules for non-Muslim expats

In recent years, Abu Dhabi and Dubai have introduced civil family courts that give non-Muslims another route for custody disputes. These courts apply either the parties’ home country law or local civil provisions that don’t use the fixed age thresholds in the Personal Status Law. In Abu Dhabi, Law No. 14 of 2021 set up a dedicated Non-Muslim Family Court, while Dubai has introduced parallel rules through its Personal Status Law for Non-Muslims in 2022. Under these systems, judges rely on a broad welfare test that looks at stability, education, and living arrangements rather than set ages or presumptions. This approach is often more familiar to expat families, and it can make overseas recognition of orders more straightforward, since the rulings are closer to those in many Western jurisdictions.

Alimony and child maintenance explained

Alimony, or spousal maintenance, is based on Articles 63–72 of the Personal Status Law. It may include housing, food, clothing, medical care, and where relevant, the cost of a maid or driver if that was part of the marital standard of living. Child maintenance is dealt with separately under Articles 78–79, which place the duty of financial support on the father until a son completes his education or a daughter marries, unless she can’t support herself. These payments cover school fees, healthcare, daily expenses, and housing if the child lives with the mother. Judges don’t apply fixed amounts but assess evidence of income, assets, and past living standards. Interim orders are common, so children and the former wife continue receiving support while the case is being decided.

How courts calculate support

Judges base support on the husband’s proven income, backed by salary slips, bank records, or property documents. They balance this against the wife’s needs and the children’s costs, such as tuition, rent, or healthcare. They also look at the standard of living during the marriage, aiming to prevent a sharp fall for the children. There are no fixed tables, so amounts differ from case to case. Orders can be reviewed if income changes, expenses rise, or new needs appear, such as higher school fees. Either parent can request such a review, and the court has discretion to adjust the level of alimony or maintenance accordingly.

Duration and modification of custody and support

Custody and support aren’t fixed for life. Courts can review custody as children grow older or if a parent’s circumstances change. Under Article 156, maternal custody of boys is usually limited to age 11 and girls to 13, but judges can extend or end this if they believe the child’s welfare requires it. Custody may also be transferred if the custodial parent remarries or can’t provide stable care. Alimony and child maintenance can be varied too. Either parent can apply for adjustment if income drops, expenses rise, or a child’s needs increase, for example with higher school fees or medical treatment. Judges have discretion to revise amounts or terms at any stage, which means families should keep records of costs and changes in financial position.

Cross-border enforcement issues

Enforcement outside the UAE can be uneven, since it depends on the treaties in place and the approach of the foreign court. Orders are generally recognised in Gulf states under the Riyadh Convention and the GCC agreement, which gives families some measure of predictability within the region. Once you step beyond that, the picture is less straightforward. The UAE isn’t part of the Hague Convention on child abduction, so custody rulings may not carry weight in Europe or North America unless a local judge re-issues them. Financial support tends to be simpler if the parent has income or assets in the UAE, as local courts can freeze accounts or deduct wages. When money or children are overseas, families often need parallel proceedings in that jurisdiction before enforcement is possible.

Practical next steps for families

For families in dispute, the first decision is which court to use and which law will govern the case. That choice can affect custody rules, support levels, and recognition abroad. Gathering evidence early makes a difference, as judges place weight on salary slips, bank records, and school or medical bills. Some parents turn to mediation, since a settlement can often be confirmed by the court and reduce conflict. Where children or assets are spread across borders, families also need to think ahead about whether a UAE ruling will be enforceable overseas.