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00:00 - Introduction
00:23 - Custody and Guardianship
01:54 - Child Relocation
03:15 - Child Abduction
04:40 - Inheritance
05:57 - Conclusion
Introduction
In Part III of our series on family law-related issues for expatriates in the UAE, we turn our focus to the matters related to child custody, child relocation and abduction, and inheritance, as governed by the UAE laws.
Custody and Guardianship
The UAE Personal Status Law of 2005 differentiates between a custodian, who physically safeguards the child, and a guardian, who holds legal or moral custody. Typically, the mother is the custodian and the father the guardian. Mothers can lose custody if deemed unfit, while fathers can lose guardianship due to sexual crimes or long-term detention. Mothers usually maintain custody until the child reaches a certain age, with the child's best interest always prioritized. However, the 2022 Federal-Decree Law No. 41 allows non-Muslims to share custody equally, with no custodian-guardian distinction. They can also choose to follow their home country's laws instead of this new law.
Child Relocation
The UAE Personal Status Law of 2005 requires both parents' consent to relocate a child out of the UAE, even for short visits. If the father (guardian) refuses, the mother (custodian) can appeal to the family courts. Despite this, the Dubai courts uphold the constitutional right to travel, often granting short visit approvals even without the father's consent, given certain guarantees. Non-Muslims follow similar rules, and if the new Federal Decree-Law No. 41 of 2022 lacks specific provisions, existing laws apply.
Child Abduction
In family disputes, child abductions can occur either into or out of the UAE. If a child is taken from the UAE, the resident parent must first secure a custody order from the UAE courts before filing a criminal case for child abduction and requesting extradition through Interpol. If a child is brought into the UAE from another country, urgent applications can be made to the UAE courts for the child's return. The UAE, not part of the 1980 Hague Convention, applies its own laws in these matters. Foreign custody orders can be enforced in the UAE, provided they don't contradict UAE public policy.
Inheritance
Inheritance for expatriates in the UAE is governed by the UAE Personal Status Law of 2005 for Muslims, and Federal Decree-Law No. 41 of 2022 for non-Muslims. Expatriates can also choose to apply their home country's laws. Under the 2005 law, primary heirs like spouses, children, and parents are prioritized, with varying shares. A person can bequeath only a third of their estate, after funeral costs, debts, and will provisions are settled. The 2022 law allows a person to bequeath their entire estate to one individual, or if there's no will, the estate is divided equally among heirs, regardless of gender.
Conclusion
This concludes our discussion on the federal laws applicable to personal status matters in the UAE.
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.
