Child custody is crucial to family law, especially in the UAE, where specific regulations govern parents’ rights and responsibilities.
Whether you’re a resident or an expatriate, understanding child custody law in UAE is essential for ensuring the well-being of your children.
This article overviews the child custody law in the UAE and highlights the specialized legal services offered by Al Mulla Lawyers and Legal Consultants in 2024.
Contact Al Mulla Law Firm in UAE. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
Table of Contents
Overview of Child Custody Law in UAE
Child custody in the UAE is primarily governed by Federal Law No. 28 of 2005 for Personal Affairs. The law distinguishes between custody and guardianship and assigns different roles to the mother and the father.
Custody vs. Guardianship
In the UAE, custody refers to the day-to-day care and upbringing of the child, while guardianship pertains to the overall supervision and financial responsibility. Typically, the mother is granted custody of the child, while the father assumes the role of the guardian.
This division ensures that the child receives care and supervision in a balanced manner.
Duration of Custody in UAE
According to Article 156 of the Federal Law, a mother’s custody of her son ends when he reaches the age of 11 and her daughter when she turns 13. After this age, the father can claim custody.
However, the mother can request an extension of the custody period until the son completes his education and the daughter gets married, provided she can demonstrate that it is in the child’s best interest.
Custodian Requirements in UAE
The law outlines specific criteria a custodian must meet, whether the mother or the father. The custodian must be mature, rational, and capable of caring for the child. They must also be free from infectious diseases and have no criminal record related to crimes of honor.
If the mother is the custodian, she must share the same religion as the child and remain unmarried unless the court determines otherwise.
Father’s Role in Custody
As the guardian, the father provides financial support, including housing, food, education, and medical care. Even if the mother holds custody, the father’s supervisory role remains intact.
In some cases, the father may claim custody if he believes it is in the child’s best interest, such as when a son needs a stronger parental figure for his upbringing.
Legal Services Related to Child Custody in UAE
Navigating the complexities of child custody law in UAE requires expert legal guidance.
Al Mulla Lawyers and Legal Consultants specialize in providing comprehensive legal services that cater to the specific needs of clients dealing with child custody issues. Here’s how they can assist:
- Legal Consultation and Advice. Al Mulla Lawyers offer personalized legal consultations to help parents understand their rights and obligations under UAE law. They provide clear guidance on the legal distinctions between custody and guardianship, helping clients make informed decisions in the best interests of their children.
- Custody Dispute Resolution. In cases where custody is contested, Al Mulla Lawyers are adept at handling disputes through negotiation and mediation. Their goal is to reach an amicable solution that prioritizes the child’s welfare while respecting both parents’ legal rights. They are fully prepared to represent clients in court if an out-of-court settlement is impossible.
- Custody Agreement Drafting. Drafting a custody agreement that is legally binding and fair to both parties. Al Mulla Lawyers assists in drafting, reviewing, and finalizing custody agreements that clearly outline each parent’s responsibilities, thus reducing potential conflicts.
- Court Representation. Al Mulla Lawyers will provide robust representation if the case proceeds to court. They advocate for their client’s interests, presenting compelling arguments and evidence to ensure the final custody decision reflects the child’s best interest. Their experience in UAE family law courts is invaluable in navigating the legal system effectively.
- Custody Modifications. Life circumstances can change, and with them, the terms of custody agreements may need to be adjusted. Al Mulla Lawyers assist clients in filing for modifications to existing custody orders, whether to extend the mother’s custody beyond the typical age limits or to address changes in the father’s ability to provide care.
- International Custody Issues. For expatriates and families with international ties, Al Mulla Lawyers provide specialized services in international custody cases. This includes navigating the complexities of cross-border custody disputes and ensuring custody arrangements comply with UAE law and the relevant international legal frameworks.
- Post-Divorce Custody and Visitation Rights. Even after a divorce is finalized, disputes over custody and visitation can arise. Al Mulla Lawyers help clients enforce custody orders, address visitation disputes, and seek court intervention to protect their rights and the child’s best interests.
Read about the top Family Lawyer Dubai. Read about the top Family Lawyers for Child Custody in Dubai 2024.
FAQs about Custody of Children in UAE
Conclusion.
Child custody law in UAE involves a delicate balance between the rights of the mother and father and the welfare of the child. Understanding the legal framework is crucial for any parent navigating this complex area.
With expert legal support from Al Mulla Lawyers and Legal Consultants, parents can ensure that their custody arrangements are fair, legally sound, and in the best interests of their children.
Professional legal guidance is essential to achieving a favorable outcome, whether you are dealing with an initial custody arrangement, seeking modifications, or facing an international custody dispute.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
A law graduate and legal writer focusing on UAE law, he became known for his ability to clarify complex legal concepts through his writings. His work simplifies the intricacies of the legal landscape in the Emirates, helping both locals and expatriates navigate their legal concerns.
