ARTICLE
5 August 2025

Who Will Be Granted Custody Of The Children In A Case Of Parental Neglect In The UAE (Video)

AM
Dr. Hassan Elhais

Contributor

Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2026 by Leaders in Law. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2025.
Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law
United Arab Emirates Family and Matrimonial
Dr. Hassan Elhais are most popular:
  • within Accounting and Audit, Immigration and Cannabis & Hemp topic(s)

Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law. But there may be cases when those entrusted to take care of a child are themselves the perpetrators of neglect towards the child. The UAE laws are very strict when it comes to the protection of children, and have laid down penalties if it is found that a child has been subject to neglect by his custodian.

Is there any law defining child neglect and the consequences thereof, in the UAE?

The most comprehensive piece of legislation on children's rights, Federal Law No. 3 of 2016 On Child's Rights, also known as Wadeema's Law, defines child neglect. Accordingly, it means failure of the parents or one in charge of custody of the child to take the required actions for protection of life, physical, mental and moral integrity of the child, his rights as well as protection from risks.

What are the duties of a custodian under Wadeema's Law?

As per Article 15 of the Law on Child's Rights, it is the responsibility of the child's parents, or their equivalents, and the custodian, to provide the child with the requirements of family safety within a coherent and cooperative environment. Further, it is the duty of the custodian to undertake all measures to raise, care for, guide and develop the child in the best possible way.

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.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More