Child Custody Rights for Fathers in Dubai

Child custody in the United Arab Emirates (UAE) can be a serious and challenging issue if both parties are not agreed. It often occurs when a married couple is parting ways and either of them want to keep the custody. However, divorce is handled in two ways in the UAE. It is either managed through civil laws for the non-Muslims and Sharia laws for the Muslims. Both entities can undergo a divorce, but the procedure differs. Federal Law No. 28 of 2005 governs the UAE family law (Personal Status Law).

For Muslims, Custody is mainly regulated under this Federal Decree-Law No. 28 of 2005. For muslim parents, traditionally, the mother is granted custody, and the father remains legal guardian, but a shared custody can also be granted, in the best interest of children. Since February 2023, Federal Law (Law No. 41 of 2022) for Non-Muslims, introduced a joint custody in UAE. Non-muslims can apply for join-custody now.

The father is not solely responsible for the custody in the UAE. Even most part of the world, father is not granted the custody of children up to some certain age. Child custody depends on various factors and family dynamics. It all depends on the legal petitions made, the status of the parents, financially and mentally, to keep the child protected from any kind of psychological stress and deprivation from a normal life. The professional lawyers can explain you well about the age, requirements, and procedures for courts.

The UAE legal system has broadly categorized custody and guardianship under the family laws. However, these two terms have slight differences that also change the role of parents in the best interests of the child. The custody of the child involves their physical and mental well-being. It is a day-to-day routine where one of the parents has to ensure the child’s safety. The guardianship involves the financial responsibility of the parent, including education and legal representation. They are allowed to make decisions for the child, including their schooling and finances, to manage.

In the usual circumstances, the girls and boys are usually under the custody of their mothers. This is until the age of 13 years for girls and 11 years for boys. After this age bracket, the custody can be changed if the father wants to take it, or the court puts the responsibility of the children on the father. The father can claim for his children’s custody solely before these ages, if it is better for their interests.

There could be several legal grounds for which the father can ask for sole custody. One of the reasons could be that the mother is unfit to take care of the child. It involves her mental instability, poor living conditions, and maybe her health. Though being guardian, it is the reaspoibility of father to take care of children’s education and living, but mother has to be financially secured as well, to provide the child with a good living support. If woman is found in worse circumstances then father can ask for the custody.

The strongest reason could be that if the mother wishes to marry someone who is not related to the child, the father can take custody for the child’s safety. Here it comes the point where the father is in a good position to ask for the custody. When woman marries again then custody can be granted to father.  When mothers relocate with their child, violating the visitation rights of the father, which may lead to child custody proceedings in favour of the father as well.

• The UAE legal system ensures the well-being of every citizen, in terms of physical, emotional, and social needs, especially when it comes to gender roles in parenting. Therefore, the father has to provide evidence that can convince the judge to give the child custody to the father, solely.

The UAE’s family laws are influenced by Islamic principles, yet it has aspects from civil laws, too. The Sharia law ensures fairness, moral values and protection of the individuals involved in cases, especially the children.

Recently, legal reforms have been introduced in the UAE, where custody disputes are handled in better ways. The courtroom authorities can determine if they can opt for modern approaches in custody. This allows the father to put up their case for child custody if the child’s welfare is compromised. The non-Muslims can opt for the custody laws as per their home country. The fathers can get consultation from the professional lawyers.

• Note: For non-Muslim expatriates, the court may apply the law of their home country if both parties agree. In such cases, it is vital to seek legal consultation from professional lawyers. If you’re a father seeking custody in UAE, our experienced lawyers in Dubai can guide you through petitions and court cases.

The custody case can be strengthened for the father if he has clear evidence against the poor health of the child. There could be medical reports that can prove the mental, physical, and emotional health of the child and the mother, as she is the custodian, meanwhile. However, the school reports of the child can also indicate the sensitivity of the matter. The extended family can be involved, who have been connected with the parents and child for a long time.

Those family members can testify for the child’s safety in the UAE. A background check of both parents can be reviewed from police reports. If the father can assure the court that he can provide a better shelter and safe environment to the child, then only he can have the custody of his child. Let us discuss important FAQS now.