When custody disputes arise between non-UAE citizen parents residing in the UAE, whether they are married to a UAE citizen or a non-UAE citizen, they can file custody cases in the UAE.
The applicable law in relation to children’s affairs in the UAE is Federal Law No. 28 of 2005 on the Personal Status Law (Articles 142-158).
According to the aforementioned law, the court determines custody taking into account the best interests of the child.
To be considered a fit custodian, a person must meet a list of requirements:
– mental stability;
– Being honest;
– To reach the age of 21;
– Ability to care for a child;
– Be clean of an infectious disease;
– Not having committed a serious crime.
Certain legal regulations specify that the Custodian:
– must be of the same religion as the child
– the mother must not remarry;
– the father must have a family relationship with a child and be able to care for a child of a woman.
Custody ends when a boy turns 11 and a girl turns 13, unless the court decides to extend this period until the boy reaches the age of discretion or the girl marries. The courts of the United Arab Emirates look primarily to the betterment of children when making such decisions.
Most of the time, the mother is awarded custody of the children. If the court determines that the mother is “incompetent”, the father can be given custody of the child; if not, to the child’s maternal grandmother; if not, to the mother’s sister; if not, to the father’s sister; if not, to the sister’s daughter on the mother’s side, etc.
The custodian cares about the day to day life of the child. The custodian has actual physical custody of the child on a day-to-day basis and must raise and care for the child.
On the other hand, a guardian is a person who financially supports the child, makes important decisions about education and upbringing, and generally takes care of the child’s affairs.
During the trial, custody of the children belongs to the mother.
After the final divorce, the mother can move with the child to another city within the country, unless said move affects the child’s education or harms the father or causes him to suffer hardship or extraordinary expenses to visit the child.
