Child custody law in UAE is governed by two key federal legal frameworks: the Civil Personal Status Law and the Personal Status Law.
Both laws set out the principles for custody arrangements, alimony, and parental responsibilities after divorce, with a strong focus on the child’s best interests.
In this article, we will explore the child custody laws in the UAE, highlighting key provisions under both the 2022 and 2024 laws.
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Child Custody Law in UAE Legal Frameworks
Child custody laws in the UAE are designed to ensure that the well-being and best interests of the child are always prioritized.
The UAE has two main legal frameworks that govern child custody: the Civil Personal Status Law (Federal Decree-Law No. 41 of 2022) and the Personal Status Law (Federal Decree-Law No. 41 of 2024).
These laws apply to different categories of individuals based on their nationality, religion, and legal preferences.
In this section, we will explore the details of these two legal frameworks and how they influence child custody decisions in the UAE in 2025.
Custody Provisions in Civil Personal Status
The Civil Personal Status Law (Federal Decree-Law No. 41 of 2022) applies to non-Muslim UAE citizens and foreign residents in the UAE unless they choose to follow the laws of their home country.
This law establishes joint custody as the default arrangement for children, ensuring that both parents share equal rights in raising their children until the child turns 18 years old.
Under this law, if there are any disputes between parents regarding custody, either parent can seek the court’s intervention.
The law allows for custody arrangements to be modified if one parent is found to be unfit, or if there is a significant change in circumstances.
For example, if one parent fails to fulfill their responsibilities, the other parent may request that the court remove the unfit parent from joint custody.
The law also addresses alimony, making the father responsible for providing financial support for the mother during the period of joint custody.
This alimony ceases if the mother remarries or loses custody of the child.
In cases of custody disputes or disagreements, the court has the power to intervene and make decisions based on what is in the best interest of the child.
UAE Personal Status Law and Custody Rights
The Federal Decree-Law No. 41 of 2024 (UAE Personal Status Law) applies to Muslim UAE citizens, but it also provides provisions for non-Muslim citizens under specific circumstances.
This law prioritizes custody for the mother, followed by the father, and then the maternal and paternal grandmothers.
However, it is important to note that the court can make decisions based on the child’s best interests, which may differ from the order outlined in the law.
The Personal Status Law also establishes conditions for custodians, ensuring that the individual given custody is mentally fit, capable of caring for the child, and free from any diseases that could harm the child.
If the custodian is a woman, she must not be married to a man who is unrelated to the child, unless the court deems it to be in the child’s best interest.
Children aged 15 and older are given the right to choose which parent they wish to live with, as long as it is in the child’s best interest.
Custody is terminated once the child reaches the age of 18, or earlier if the child is incapacitated or requires special care.
Additionally, the parent not awarded custody has the right to visitation. If any disputes arise over visitation, the court will determine what is in the best interest of the child.
Legal Services Related to Child Custody in UAE
Our law firm in UAE specializes in child custody law in UAE, offering expert legal services to parents facing custody disputes or seeking custody modifications.
We assist in enforcing joint custody agreements, ensuring custody decisions prioritize the child’s well-being.
If custody arrangements need to be changed, we guide clients through filing requests with the court.
We also handle alimony and child support cases, ensuring fair financial support for the child.
Whether dealing with custody battles or visitation rights, our experienced lawyers are committed to representing your family’s interests and ensuring that the child’s best interests are upheld.
Read about the top Family Lawyer Dubai. Read about the top Family Lawyers for Child Custody in Dubai.
FAQs about Custody of Children in UAE
In conclusion, understanding the child custody law in UAE is essential for parents navigating family disputes.
The UAE’s legal framework prioritizes the child’s welfare, with various provisions ensuring fairness and justice for all parties involved, whether under the Civil Personal Status Law or the Personal Status Law.
If you require legal assistance with child custody matters, our experienced lawyers are here to help guide you through the process and advocate for your family’s rights.
Contact our law firm in UAE for expert help. Click the Whatsapp icon below.
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.
