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legal overview
Personal Status issues in the UAE are governed by Federal Law No. 28 of 2005 (UAE Personal Status Law), as amended, and Federal Law No. 5 of 1985, as amended, concerning the Law on Civil Transactions. Additionally, the Emirate of Abu Dhabi has enacted a new law called Abu Dhabi Law No. 14 of 2021, which mainly applies to non-Muslims residing in Abu Dhabi. UAE Personal Status Law continues to apply to Muslims in Abu Dhabi.
Guardianship under UAE law
A guardian is an individual who takes care of a child on a day-to-day basis and has physical custody of the child. A guardian, on the other hand, is the individual responsible for providing financial support, taking care of the children’s education, travel and general upbringing.
Under the UAE Personal Status Law, there is no specific concept of joint guardianship, and according to Article 146 of the UAE Personal Status Law, the mother has priority in custody, followed by the father.
To sum up, according to Abu Law No. 14 of 2021, parents have equal rights to the custody of their children until the age of 16, and after this age, children have the right to choose between their parents. But this only applies to non-Muslims in Abu Dhabi, not the UAE.
Conditions to be fulfilled by custodians under the UAE Personal Status Law Pursuant to Article 143 of the UAE Personal Status Law, custodians must meet certain conditions. These include having good judgment, attaining the age of maturity, fidelity, the ability to support and provide foster care and care for children in foster care, freedom from dangerous contagious diseases and no previous convictions for crimes against honour.
Besides that, according to Article 144 of the UAE Personal Status Law, if the guardian is a woman, then she should have the same religion as the child and cannot marry a man who is not related to the child by blood, unless the court decides otherwise for the benefit of the child Decide.
Article 145 of the UAE’s Personal Status Law states that if the mother’s religion differs from that of the child, custody will be forfeited unless a judge considers custody of the child and the mother for the benefit of the child. However, in this case, the guardianship period ends when the child reaches 5 years.
When can the mother have custody?
A mother’s custody of a child ends when the boy turns 11 and the girl turns 13, unless the court finds that extending the custody age is in the best interests of the child. In this case, it can be extended until the man’s children come of age, and for the woman until marriage. Once the son and/or daughter reaches the age of 11 and/or 13 respectively, the father has the right to claim custody.
It may also be noted that the mother is entitled to custody of the child during court proceedings, unless the judge decides that such custody is not in the interest of the child.
in conclusion
Child custody is an important consideration when spouses are divorcing. While divorce itself is a difficult situation, it becomes even more difficult when children are involved, so it is wise to discuss these issues with a family law professional.
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