child custody


June 2, 2022

The topic or subject is CHILD CUSTODY in the UAE context. It means how child custody is defined and decided by Court for Muslims and Non-Muslims. Let’s try to understand as per the Law in UAE. Article 142, tells us about the Custody as

Keeping, upbringing, and looking after the Children with the rights provided by Guardian to the custodian as per the Law.

Further, Federal Law 28, 2005 of Personal Affairs, tells us that the biological mother of children is the custodian of children up to a certain age defined by Law and the father will be Guardian during the custody taken by the mother. Once the mother tenure is finished then Custody is handed over to the father who becomes the custodian and guardian. Custody is all about taking care of the KIDS and giving them a good upbringing, which is probably best possible by the mother.

Custody For the Mother

Therefore, initially, Child Custody is given to the mother in every religion in the world and every country in the world. A very important point to be noted is this, never mix the Guardianship with Custodianship. All over the world courts are directed to be very much careful and in the best interest of couples. UAE again takes the distinguished position here because UAE courts are known to be giving the best verdicts. Here in UAE, Law says that child custody will remain under the mother as:

  • For Son up to 11 years of Age
  • For Daughter up to 13 years of Age
  • It is auto expired or expired by default when the KIDS have reached to the age set by Law.

Rules and Conditions for Mothers

There are certain rules and conditions that are also set for the mother as custodian. Those rules can be defined as follows for a “Fit-Mother”

  • Mother must be mature.

  • Reach to Puberty.
  • She is not having any diseases/serious disease which is dangerous or contagious.
  • Having a free profile e.g. not engaged in crimes, etc

  • Mentally and physically healthy.

  • She should not be as Unfit or Misfit.

Law also provides another flexible extension to the mother. If the education is a serious concern or their weddings are a serious concern then Court can also grant an extension to the mother. In case the father is incapable of taking the custody once the mother custody is over then the mother can still contact Court. Some experts are appointed and children witnesses are also recorded. However, this time father takes the lead to get custody. Rest, all is decided by the court.

When the mother wins the custody, then as we said above that there are certain rules and conditions she has to follow. Court also offers the option to Father to appeal the custody decision or ask for the custody, if he thinks the mother is not able or successful to give a boy like or “Man like” brought up to the Boy/Boys.

Statutory and the Legal Articles

Legal Statutory provides the details and a guideline about Child Custody for mothers and its rights. Article 156 Federal Law 28, 2005 tells us that custody is always granted to the mother if she fulfils the conditions of a custodian up to the age of 11 for the Boy/Son and 13 for the girl/daughter. As we said above that even the duration of mother custody is finished but still mother can keep it if it is important for the daughter or Son. For a daughter like for her marriage, and for a son like for any skill learning or education which he can get better while living with his mother. Family Courts in the relevant Emirates where the Case is filled have the authority to give the verdict which is best for the children. It is to be noted that along with Article 156 Federal Law 28, 2005 few other relevant articles for the child custody are Articles 143, 144, 145, 146 and 148. The Article 146 permits the father and mother both to try for custody.

Filled Together

Child Custody Cases are always filled together along with the Divorce Cases, or Alimony Cases as one individual case. When the case is filled then Emirati Lawyers are also needed. The Emirati Lawyer Advocate Mr Mohamamd Ebrahim Hassan Al Shaiba is one of the best Family Lawyers in Dubai, among the top Family Lawyers in Abu Dhabi, top family lawyers in Ajman, Sharjah and all over the United Arab Emirates. He is the owner of Top Dubai Law Firm Al Shaiba Advocates and Legal Consultants, into legal services for the Last Two Decades. Most Senior Lawyer and Legal Consultant in UAE and the Law Company is the most trusted Law Firm in UAE.