It is appropriate to think of UAE laws governing child custody and related rights as being only concerned with preserving and protecting the welfare of the child. UAE child custody laws have a distinctive idea. UAE custody law is unusual in that it uses the terms “guardians” and “custodians.”

Need to talk with a Lawyer? Click Here 

The child’s father is named as the child’s “guardian” by law. The mother, on the other hand, is listed as the “custodian.” While the Custodian is in charge of physical custody and care, the guardian is responsible for the child’s financial support. You might be able to ask for and contest the other parent’s custody notwithstanding the privileged status that UAE law bestows on parents.

A parent has the right to request valid authorization before travelling with their child and to prevent situations that can result in parental kidnapping. UAE courts will allow expats to use the laws of their native country if certain conditions are met.

Legal Issues Regarding Child Custody

Dubai sees the battle over child custody after divorce as being vital. According to UAE law, father and mother are granted different obligations when it comes to child custody after a divorce.

According to Dubai’s custody laws, a guardian is expected to raise the child, make important decisions regarding his or her education, and generally take care of the child’s many requirements. Dubai views child custody as a crucial post-divorce duty. In Dubai, although the father is always considered as a guardian, mothers frequently receive primary custody of children after divorce.

The custody of the kid is generally a matter of controversy during divorce procedures, with the mother typically winning out.

Requirements for custody:

What is best for child custody following divorce is a problem for courts in the UAE. The law stipulates that in order to get child custody, the custodial parent must satisfy a number of conditions, including being of sound mind, competent of raising a child, free from contagious illnesses, and not currently serving a major jail sentence.

In the United Arab Emirates, after a divorce, the parent who follows the kid’s faith shall be given custody of the child, according to specified laws. However, courts are not compelled to follow that rule if a parent who follows a different faith is better able to protect a child’s interests.

Custody of Children in Mutual Divorce:

According to Federal Law No. 28 of 2005 for Personal Affairs, the biological mother is a Custodian and the father is a Guardian:

The custodian is responsible for the child’s everyday upkeep. Boys and girls up to the ages of eleven and thirteen, and is frequently given to the mother. The Guardian’s rights are not violated by the Custodian role.

All costs, including those for housing, food, medical attention, education, and other necessities, are always the father’s responsibility.

Custodian and Guardian:

Custodian and Guardian roles are distinct from one another. They are treated individually since neither parent must have equal parental responsibilities in the UAE.

During a divorce, the mother will frequently act as the Custodian under the supervision of the Guardian, who is usually the father.

The following requirements must be satisfied, according to the court, in order for someone to be deemed a Custodian:

  • Rational,
  • trustworthy,
  • mature,
  • And, competent to care for the child without any diseases
  • Also, Not accused of a “honour” offence.

A mother who is granted custody will be prohibited from getting married again unless the court explicitly authorises it. She must also follow the same religion as the child.

If a father is granted custodial rights, he must reside in the house with a woman who can care for the child. He must also accept the child’s faith in addition to that.

How long can a woman maintain custody of her children?

A mother may ask for additional custody:

  • She is able to look after a male child till he or she completes their education.
  • It can take some time till the child marries a girl child.
  • Good academic records and the child’s medical records are required for this request.

When is a father eligible for child custody?

A father has the right to apply for custody of the child if he believes the education his child is getting is subpar. In any case, the court will finally choose whether to expand or restrict.

Parental rights and child custody in mutual divorce in Dubai:

Sharia law specifies who is allowed to visit. After a divorce, the children in the UAE are given to the Custodian. The non-custodial parent is still permitted to see the child, though, according to the Personal Status provision. But first, a court order must be acquired.

At Sara Advocates and Legal Consultants, our family lawyers in Dubai offer legal counsel on all issues of family life. We help create structures that safeguard familial bonds and settle disputes when they arise. These subjects include inheritance, marital violence, child custody, and separation and divorce.