Latest Update on Child Custody Laws in UAE

Child rights are implemented globally. The United Arab Emirates (UAE) has introduced child rights under Wadeema’s Law. Further, the law indicates parental responsibilities to avoid disputes during child custody. In addition, the child custody laws also emphasise the child’s emotional well-being, their financial and educational needs, to ensure a safe environment for children. In light of the legal aspect, child laws are governed through two main laws:

• Federal Decree-Law No. 41 of 2022 applies to non-Muslim UAE citizens and non-Muslim foreigners residing in the UAE, unless an eligible party chooses their home-country law or the parties agree to apply another UAE personal-status framework. It became effective on 1 February 2023.
• Federal Decree-Law No. 41 of 2024: It applies to UAE citizens where one or both parties are Muslim. It can also apply to non-Muslim UAE citizens and non-UAE citizens, subject to religious rules, an agreed applicable law, or a foreign national’s request to apply another permitted law. It became effective on 15 April 2025.

Some individuals think that custody and guardianship are the same. However, the UAE child custody laws have segregated both aspects. Physical custody of child, (Hadanah) refers to the daily upbringing of the child. This means that child custody ensures their physical and emotional needs are regularly met, including meals and support. The UAE Personal Status Law emphasizes child custody rights for mothers, depending on the mother’s capability to care for the child.

Guardianship (Wilayah) relates to the child’s well-being more broadly. The guardian makes legal decisions for the child, ensuring their best interests, including education, healthcare, travel authority, and financial management. In most divorce cases, guardianship remains with the father.

The UAE has become a multicultural country. Muslims and non-Muslims live there. UAE family laws protect the welfare and legal rights of children, but the applicable custody framework may differ depending on the parents’ religion, nationality, residence, and legally recognized choice of law.

However, the laws are equal for everyone, but there are changes in the family laws. The non-Muslims can take joint custody of the child. For further legal assistance, readers can also join our team of professional lawyers for grabbing the legal details.

The UAE government has made significant improvements in its family laws to strengthen family life in the region. In extension to family laws, the decisions of family courts are emphasized on cooperation from the parents for the child’s best interests.

It is important for the child’s well-being that they should be emotionally stable and live a good life. Divorce is an emotional rollercoaster, and many children face the consequences of bad marriages in the UAE. Therefore, the UAE family laws have been amended to apply rules that are in the best interests of the child. It means that whatever decision is taken by the UAE family court, it should keep the child safe and sound. In simpler terms, the court wants to give equal parental responsibility to both parents.

The current reform of the family law, where joint child custody, provides non-Muslims can avail the opportunity. Divorces can be settled amicably, and so the joint custody is a positive step towards the child’s development.

The decision for child custody is taken carefully in the UAE courts. It has to be applied by one of the parents. Some cases also allow the extended family to take care of the child if the parents are unfit for it. For example, grandparents or close relatives can take custody. Whoever takes the responsibility of the child, they should provide evidence of having a good environment for the child.

• The new law gives a custodian mother educational guardianship, unless the court transfers it where the child’s interests require otherwise.

The process of applying for child custody usually starts after a divorce. The legal proceedings of a child custody case in the UAE require the following steps to take:

Step 1: Reconciliation and Family Guidance in the UAE

Family disputes are common around the globe. The UAE government tries to strengthen family ties; therefore, mediation and negotiations are encouraged in family cases.

Step 2: File an Application in the Court

The legal proceedings of the child custody case are impossible without filing the child custody case in court. This is the next step when negotiations do not work outside the court. The application is a formal writing with supporting documents to ensure that the applicant can take care of the child.

Step 3: Court Hearings in the UAE

The court will hear both parents. The judge will review the case through arguments and supporting evidence. In some cases, the judge may ask for additional information if needed.

Step 4: Assessment by the UAE Child Welfare Authorities

Sometimes, the child custody cases are evaluated by the child welfare authorities. They provide recommendations in the case of assistance.

Step 5: Verdict for Child Custody in the UAE Courts

Once the evidence has been reviewed, the court will issue the decision regarding child custody. Parental responsibilities could be joint as well, categorised as guardian and custodian.

Child custody does not terminate the visitation rights in the UAE. It is important for the child’s psychological and emotional development that they meet both parents. Therefore, the visitation rights are accessible to the guardian. However, the visitation schedules can be drafted amicably, including holiday arrangements and travel plans.

Under the UAE Personal Status laws, child custody is taken seriously. This means the child’s personal and professional development has to come from parents, but they have to divide the roles between guardianship and custodianship. It is the UAE family court that has to decide parental responsibilities after reviewing evidence and supporting documents for child custody. For any legal matter, parents should opt for legal advice in the UAE.