UAE laws on child custody and associated rights are concerned with guaranteeing welfare of kid. These are pandered to only this objective and it’s the driving force for the decisions to be made.
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Child custody rules in the UAE have a special concept:
The terms “guardians” and “custodians” are peculiar to UAE custody law. Whereby the mother of the kid is given the legal title of “custodian” and the father of the child is given the title of “guardian.” While the custodian is in charge of the child’s bodily custody and care, the guardian is accountable for the child’s financial support.
You may have the right to ask for and contest the other parent’s custody notwithstanding the special status that UAE law grants parents. The right to obtain legal visitation privileges and to manage the circumstances that can result in parental kidnapping of the child is another parental right. If certain requirements are satisfied, the UAE courts will let expats to apply the laws of their native country.
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Contracts for Child Custody
The UAE laws also permit parents to make their own child custody arrangements, regardless of general law and legal principles governing custody rights. Divorcing spouses frequently take this path since it gives them more freedom and power to decide on the numerous rights pertaining to the kid.
When establishing a child custody arrangement, the following important criteria should be taken into account:
- Custody Rights: The agreement should specify whether joint custody will be maintained by both parents or whether the usual arrangement will be followed, in which the mother will have primary physical custody and the father would continue to have guardianship rights over the kid.
- Rights to Visitation: The agreement should specify how visitation will be handled after the divorce. Additionally, if a certain parent will be permitted overnight visitation. Most of the time, a rigid schedule for visits is recommended with some flexibility, especially on holidays and other festive days. A set framework may be helpful in giving the youngster a routine and enabling them to adapt to the new changes in their family unit. The main emphasis of such an agreement should be on having access to both parents and being able to spend time with both of them.
- Financial Obligations: According to conventional UAE law, the father of the kid is financially responsible for all of the child’s needs, including housing, transportation, and educational costs. The parents are, however, allowed to agree to a mutual duty to split the costs equally and to include that requirement in the contract.
- Travel: This is still another crucial component of the custody arrangement, and the parents should decide how to involve the rights to travel outside of the United Arab Emirates. Whether the kid is old enough to travel independently, whether both parents have the legal right to travel with the child internationally, etc., these are typically difficult issues for the parents to negotiate, especially owing to worry of parental child abduction or relocation without agreement.
Why consult us?
If you have a child custody case unresolved in UAE specially in Dubai, you can consult Sara Advocates and Legal Consultants. We are one of the best consultancy firms in Dubai and UAE. Our divorce lawyers will examine your case thoroughly and give you suggestions and legal advice. Give your case one of the best legal teams in Dubai and UAE and get the case turned in your favor.