Understanding Child Custody: What Parents Need to Know

In the UAE, child custody laws are covered under the UAE family law which includes Federal Decree Law No. 41 of 2024 governing Muslims in the UAE ("Federal Personal Status Law"), Federal Decree Law No. 41 of 2022 governing non-Muslims in the UAE except in the emirate of Abu Dhabi and Abu Dhabi Law No. 14 of 2021, governing non-Muslims within the emirate of Abu Dhabi.

The three laws differ with regard to the provisions of child custody. In the event of a divorce, child custody laws may vary depending on the religion of the parties involved, and the jurisdiction that are applicable to them. A child custody lawyer can help parties effectively navigate through the UAE family law.

Federal Personal Status Law

As per the Federal Personal Status Law under Federal Decree Law No. 41 of 2024, the affairs of the children, after the divorce of the parents, are divided into custody and guardianship. Custody refers to the day-to-day care and responsibilities of a child and is granted to the mother of the child, while guardianship refers to the overall responsibilities over the child and is granted to the father of the child. Custody includes physical custody and therefore, the children will live with the mother until the end of the custody age. Federal Decree Law No. 41 of 2024 states that the age of custody is 18 for both male and female children. Nevertheless, the children have the right choose to live with the other parent after they have attained the age of 15, provided that the court does not believe that such choice is against the best interests of the children.

Civil Personal Status Law

Under the civil personal status law, after a divorce, parents are generally granted joint custody over the children, unless either parent gives up their right to custody or if one of the parents is found to be ineligible for custody as per the provisions of the law.

Under Federal Decree Law No. 41 of 2022, the custody age of the children is until the age of 18 after which the children may choose between either parent while under Abu Dhabi law No. 14 of 2021, custody age is until 16 after which the children have the right to choose.

Due to the differences between custody laws in the Federal Personal Status Law and the civil personal status law, and the variations between the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law, it is highly advised that divorcing parties consult with a competent child custody lawyer to understand and obtain the best outcome in a case.

Dr. Hassan Mohsen Elhais is a renowned legal consultant based in Dubai, United Arab Emirates. He is a legal consultant at Awatif Mohammad Shoqi Advocates & Legal Consultancy, a leading law firm in the Uae.