Child Custody Under UAE Law Age Limits, Rights & Responsibilities

The United Arab Emirates has brought about sweeping changes in Family Law, particularly under divorce, alimony and child custody rights. In this article, we will analyse the new laws regarding child custody under the UAE Family Law for Muslims and Non-Muslims.

Family Law in the UAE

In the UAE, family law is covered under three laws, namely, the Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status Law (“Federal Personal Status Law”), governing Muslims across the seven emirates in the UAE, the Federal Decree Law No. 41 of 2022, governing non-Muslims in the UAE except in the emirate of Abu Dhabi (“Federal Civil Personal Status Law”), and Abu Dhabi Law No. 14 of 2021, governing Non-Muslims within the emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”).

Child Custody under the Federal Personal Status Law

The Federal Personal Status Law replaces the previous law under Federal Decree Law No. 28 of 2005. Under both laws, child custody is divided into guardianship and custody. Guardianship involves the overall welfare of the child, while custody involves the day to day care of a child. Under the new law, the age of custody has undergone major changes. As per the old law, after a divorce, the mother obtained custody over her male children until the age of 11 and the female children until the age of 13, after which the fathers obtained custody of children. However, the new law has homogenised the custody age to 18 for both male and female children. The father is granted guardianship rights over the children during this time However, the Federal Personal Status Law grants children the right to choose between the two parents, after the children attain the age of 15, provided that the judge deems this choice to not be against the best interests of the children.

Impact on Travel

The change in custody rights also affect the laws regarding travel with a child after a divorce. The Federal Personal Status Law allows both parents the right to travel alone with the children, if they provide proper guarantee to the other parent. In case the other parent objects to the travel, they may seek a decision from the court of law. The law also grants the parents the right to seek extension of the travel period by 60 days if it is in the best interest of the child or in cases of medical treatments or for any other reason accepted by the court.

Child Custody under the civil personal status law

The civil family laws in the UAE, under both the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law recognises the concept of joint custody of children after a divorce. These laws are in line with the international family law principles, granting both parent equal rights and duties over the children. Thus, both the father and the mother is required to contribute to the day to day care and welfare of the children, as well as undertaking the financial responsibilities of the children equally. Parents are however free to decide on the manner of joint custody, or whether they want to assign specific roles regarding the care and welfare of their children. If the parents are unable to reach an amicable decision, they may approach the court, which will then provide a decision based on the best interests of the children.

The parents may also waive their right to joint custody of the children. Additionally, either parent may request the court to disqualify the other parent from being a joint custodian, due to the following reasons:

1. If the child in custody risks being exposed to domestic violence or ill-treatment.

2. If the living conditions provided by the joint custodian to the child in custody is considered inadequate

3. If the joint custodian has behavioural or psychological problems that would harm the child in custody or expose him/her to danger or negligence

4. If the joint custodian does not perform their custodial duties.

5. If the joint custodian commits a crime against morals and honor that prevents them from carrying out their custodial duties or poses a threat to the behavior of the child in custody, provided that their guilt is proven by a final judgment.

6. If the joint custodian does not devote time to caring for the child in custody or is distracted from caring for the child in custody.

7. If the joint custodian abuses drugs, alcohol or any psychotropic substances.

8. If the joint custodian suffers from health issues that prevent them from carrying out their duties with respect to the child in custody.

9. Any other reasons as determined by the competent court and in the interest of the child in custody

If a parent successfully proves that the joint custodian is ineligible for custodianship, the court may decree that the remaining parent is the sole custodian of the child.