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Learn more about What you need to know about Father's Sole Custody to his Children in the UAE?
The law which governs family matters and disputes (including divorce) in the United Arab Emirates (UAE) is the Federal Law No. 28 of 2005 (the UAE Personal Status Law). The Emirates of Abu Dhabi has issued a new law called the Abu Dhabi Law No. 14 of 2021 (the Abu Dhabi Law) which mainly applies to non-Muslims based in Abu Dhabi. However, the UAE Law continues to apply to Muslims in Abu Dhabi. The UAE has issued a Civil Personal Status Law for non-Muslims at the Federal Level which is effective from February 2023. The New Federal Law comes after the effective application of a non-Muslims Personal Status Law existing in Abu Dhabi. The New Federal Law covers matters related to alimony, custody, inheritance, and parentage and shall be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE.
As per the UAE Personal Status Law, now applicable for Muslims in the UAE, the custody of the kids shall be with the mother. Under this law, custody is to keep the child safely and provide care and manage his daily needs. However, the right to manage the child's affairs such as education and travel is controlled by the father who is the guardian of the child. Custody is the physical safekeeping of the child as commonly known as physical custody whereas a guardian is considered to have the legal or moral custody of the child.
The UAE Personal Status Law envisages that a mother is the natural custodian of the children. When there are no circumstances, which affect the interest of the child, the father's right to claim custody from the mother shall be only when the boy child turns 11 years old and the girl child turns 13 years old. The courts usually look into the best interest of the child in custody matters. If the mother is considered the custodian, which happens in most cases, then she could claim child support maintenance.
This New Federal Law has introduced changes in personal status matters for non-Muslims in matters related to family guidance mediation, rights between the parties in relation to testimony, inheritance, divorce, calculation of time based on the Gregorian calendar, and joint custody of children. The New Federal Law has introduced civil marriage at a federal level, and provided equal rights to parties in requesting for divorce.
The New Law provides Joint Custody and men and women shall have equal right of custody of children until the age of 18 and subsequently the child shall have the freedom of choice. Either of the parent may request to remove the other parent who has subject the child to an inappropriate environment, and other situations, which will be provided exhaustively in the implementing executive regulations. In the event of disagreement between the parents, they may approach the court to make a decision in relation to custody matters. Child's best interest remain the governing rule in custody disputes.
What are the types of custody arrangements in the UAE?
In the UAE, as per the UAE family law there are various types of custody arrangements such as:
Joint-custody;
Sole-custody; or
Third party-Custody.
What is Sole-Custody?
Sole-Custody is a legal term that refers to a situation where one parent or guardian is granted full legal and physical custody of the child. It simply means that the parent with sole custody has the right to make all major decisions regarding the child's upbringing which includes factors such as education, healthcare, religion and the overall welfare of the child, without consulting the other parent.
What are the Circumstances under which the father of the child is given sole custody?
Under the Federal Law no. 28/2005 on personal status, as per Article 156 the mother of the child shall have the custody of the child until the male child attains 11 years of age and the female child attains 13 years of age.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
