The UAE has established detailed laws to ensure the protection of children’s rights and well-being. The Family laws in the UAE, both under Muslim Law and non-Muslim Laws emphasize the importance of prioritizing the best interests of the children. This is reflected in the laws relating to custody and guardianship.

Involvement of both parents in the upbringing of their children

Under Federal Decree Law No. 41 of 2024 (“Federal Personal Status Law”), post-divorce, the affairs of children are designed in such a way that both parents are able to participate in the children’s lives. This is to ensure that the children’s mental and emotional health is not affected greatly by the divorce. Thus, the mother of the children is generally given custody of the children, making her responsible for the day-to-day care of the children, and the father is generally made the guardian of the children, giving him responsibility for the overall care and wellbeing of the children.

Under Federal Decree Law No. 41 of 2022 (“Federal Civil Personal Status Law”) and Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”), child custody in the UAE post-divorce is in the form of joint custody, wherein both parents hold equal responsibility for their children.

Visitation Rights

To further ensure that both parents are able to participate in the lives of the children, the non-custodial parents have the right to visit the children periodically, as per the child’s best interests. If the custodial parent is hostile and inhibits this right, the other parent can approach the court to not only enforce the right but also design a schedule for visitation.

Age of Custody

Under the UAE Laws, the children are under the care of their custodian, who is generally their mother, until the age of 18. This ensures that children receive love and action during a period when they are vulnerable to physical and mental harms.

The Right to Choose

The UAE laws give children the right to choose between their parents after the children reach a certain age. Under the Federal Personal Status Law, Children obtain the right to choose between their parents at the age of 15. Under the Federal Civil Personal Status Law, children are granted this right at the age of 18, while the Abu Dhabi Civil Personal Status Law grants this right at the age of 16.

Alimony for children

Alimony includes basic necessities such as food, clothing, shelter, education and health care. Under the Federal Personal Status law, it is the responsibility of the father to provide for the basic necessities of his children. Under the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law, both parents have equal responsibility towards their children. In any case, the UAE laws guarantee that children are financially taken care of in terms of food, clothing, shelter, health and education.

Educational Guardianship

Under the Federal Personal Status Law, the educational guardianship of the children is given to the mother. However, if the mother is found to be incompetent to exercise this right, it may be revoked and transferred to the father or someone else. To ensure that these decisions are taken swiftly, with minimum impact on the children’s education, these claims may be filed before the Urgent Matters Courts.

Conclusion

Success in Child Custody cases not only depend on a deep understanding of UAE Laws, but also require strategic planning. To ensure that you receive a positive outcome in your case, be sure to consult with a competent lawyer. Dubai Lawyers are available offline and through online lawyer consultation.

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