Family Lawyers in Dubai for Child Guardianship

A parent may have a custody judgment but still face questions when changing a child’s school, arranging travel or dealing with an inheritance. A bank may ask for a financial guardianship order. A school may need to know who can authorise enrolment. The answer depends on the decision involved and the applicable legal framework.

Family lawyers in Dubai can help parents distinguish everyday care from authority over education, travel and property. That distinction matters because a general statement that one parent has custody may not answer the particular question being asked. Clear advice should identify the relevant legal power, any existing order and the steps needed when parents disagree.

Start with the family and the existing orders

Collect the child’s birth certificate, the parents’ marriage or divorce documents and every order concerning custody, contact, maintenance, education or travel. Read the operative wording rather than relying on a summary prepared when the order was issued.

Federal Decree Law No. 41 of 2024 on Personal Status and Federal Decree Law No. 41 of 2022 on Civil Personal Status provide different frameworks. Nationality, religion, permitted choices of law and the proceedings already taken may affect which rules apply.

If an order was made abroad, establish its status and the steps required for reliance on it in the UAE. A translation makes a document understandable, but does not by itself determine its recognition or enforcement.

Distinguish custody from personal and financial guardianship

Article 112 of the 2024 law defines custody by reference to care, upbringing and the child’s interests, while preserving the guardian’s legal role. Article 128 separates guardianship over the person from guardianship over property. Personal guardianship must respect the custodian’s authority over the child’s affairs within that role.

The practical enquiry should be specific. Who can collect the child from school is different from who can sell property belonging to the child. A decision concerning a holiday is different from a proposal to relocate permanently.

Understand educational guardianship

Article 112 expressly provides educational guardianship for the custodial mother in a way that serves the child’s interests. It also provides a judicial route for disputes and for transferring that authority where the child’s interests require it. The article preserves the separate duty of maintenance.

Educational authority should therefore be considered separately from the obligation to pay school expenses. A parent financing education does not resolve every question about who may make the relevant decision. Equally, educational authority should be exercised within the applicable legal conditions and orders.

For a disagreement about changing schools, prepare the current enrolment record, proposed alternative, fees, travel arrangements and reasons for the change. Explain the impact on the child’s learning and routine. The statutory wording, any operative judgment and the court’s application of the provisions all need to be considered before predicting the result.

Give schools and service providers usable documents

Parents can reduce confusion by supplying the relevant order and a concise explanation of the authority it establishes. Identify the contact person for routine communications and how both parents will receive information where appropriate.

If a provider refuses to act, ask for the precise document or clarification required. A written response is more useful than a general report that the school or institution will not cooperate. It allows the legal adviser to distinguish an administrative requirement from a substantive disagreement between the parents.

Avoid asking a school to decide a legal dispute beyond its role. Where the parents cannot agree on the exercise of authority, the request to court should identify the decision needed and provide evidence concerning the child’s interests.

Treat medical decisions as a separate enquiry

Medical arrangements should be reviewed with the applicable consent requirements, the child’s circumstances and any existing orders. Establish who can communicate with the provider, obtain records and give the relevant consent. A general custody label should not be used to assume authority for every type of treatment.

For planned treatment that is disputed, obtain the provider’s written recommendation and explanation of timing. Identify the question requiring parental agreement or judicial intervention. Urgent medical needs should be addressed through the treating professionals and the applicable emergency procedures.

Review passports and travel together

Article 117 of the 2024 law contains specific rules about the child’s passport and other identity documents. Article 124 addresses the custodian’s use of identification documents subject to the travel and guardianship provisions. Possession of a passport does not itself establish permission to take the child abroad.

Article 116 provides for the relevant written approval or court authorisation under its conditions. If permission is disputed, prepare the destination, dates, purpose, accommodation and return arrangements. Explain any relevant medical, educational or family reason for the journey.

A permanent move requires separate assessment from a temporary trip. Parents should address residence, schooling, future contact and recognition of orders abroad before making irreversible arrangements. Existing travel restrictions should also be checked rather than assuming an earlier consent remains sufficient.

Identify who can manage a minor’s assets

A child’s inheritance or investment account creates a different form of responsibility. Article 129 of the 2024 law places financial guardianship in an order beginning with the father, followed by the person he appoints, the paternal grandfather and the court. Article 126 expressly permits the court to appoint the mother as a tutor over the minor’s property.

Custody does not by itself replace the need to establish financial authority. Obtain the appointment document and identify whether it applies generally or to a particular task. Where the child owns assets abroad, additional advice may be required for the authority to be recognised there.

The asset file should include ownership documents, account statements, income, expenses and any restrictions. Keeping the child’s records separate from household records makes the position easier to explain and supervise.

Understand that financial authority carries restrictions

Financial guardianship is a responsibility to protect the child’s interests. Article 135 requires an inventory of assets to be filed within the prescribed period. Article 137 requires court permission for specified transactions, including disposal of the minor’s real estate. Article 138 addresses particular transactions involving the father’s interests.

A proposed sale should therefore be reviewed before contracts are signed. Explain why it benefits the child, how the price is supported and where the proceeds will be held. A transaction convenient for the adults may still require scrutiny of its effect on the minor.

Where there is concern about misuse, preserve records of the transaction and the authority relied upon. The lawyer can assess whether the appropriate response involves disclosure, an accounting, restrictions or a change in the person entrusted with the role.

Consider the civil framework for non Muslim families

Article 10 of the 2022 civil personal status law establishes joint custody as a general principle after divorce, subject to statutory exceptions and the court’s assessment. It also allows a parent to seek a decision when the parents disagree about a matter concerning joint custody.

Articles 20 and 21 of Cabinet Resolution No. 122 of 2023 address court intervention and international travel during joint custody. In particular, an objection to overseas travel requires the matter to be handled through the applicable judicial process rather than unilateral action.

A family agreement should specify how information is shared, how decisions are discussed and what happens when agreement cannot be reached. Joint custody needs practical arrangements that parents and institutions can understand.

Dubai Courts’ contribution to the International Judicial Dispute Resolution Network reported a 74% settlement rate for personal status cases in 2024. The published figure covers personal status cases generally; it is not a guardianship-specific success rate or a prediction of the result in an individual family dispute.

Prepare a focused application when agreement fails

State the exact decision requested. Attach the existing order, relevant correspondence and evidence explaining the child’s circumstances. Identify any genuine deadline, such as school admission or proposed travel, and explain why the application cannot wait.

Avoid treating every past disagreement as necessary background. Family lawyers in Dubai can help select the facts that bear on the requested order and distinguish them from disputes requiring a different application.

An agreed solution may remain possible, but its wording should identify authority and responsibilities clearly. If approval or further formalisation is required, complete that step before presenting the arrangement as binding on an institution.

About the author

Dr. Hassan Elhais is a Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants in Dubai. He advises on UAE family, civil, commercial and criminal law matters.

Related Links

• Changed Under the New Personal Status Law Part 2: Child Custody
• New UAE family law to bolster rights of Muslim mothers and children in custody cases
• Family Lawyer in Dubai for Parents Making Decisions During Separation

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