Children Custody in UAE: Father’s Sole Custody

Federal Law 28, 2005 from UAE Personal Status Law, is the law set for dealing with family disputes in the United Arab Emirates, all of the Emirates. But the ABU DHABI Government issues a new Law for ABU DHABI known as ABU DHABI Law No 14, 2021, which is designed for Non-Muslims in ABU DHABI. The Federal Law, the UAE government issues a Civil Law, Civil Personal Status Law, for all Non-Muslims. But this federal Law issued by UAE Government as Civil Personal Status Law came after the Law issued by ABU DHABI government. Therefore, this is said that it was first introduced and implemented in ABU DHABI by ABU DHABI government. But this Civil Personal Status Law is drafted and implemented after conducting proper research so it meets the entire requirements, of family matters e.g. child custody, inheritance, alimony, etc.

The UAE Personal Status Law, for Muslims in United Arab Emirates (Locals and Expatriates), explains that child custody is awarded to the mother, but up to a certain age limit. She is granted the opportunity to, take care of the children and manage his/her life as a custodian. Father remains the guardian. The alternative name is Physical Custody, but the father remains the guardian. This Law applies to all the religions in the world too, anyhow. The Certain Ages are 11 for the BOY and 13 for the GIRL.

The latest CIVIL Law or the FEDERAL LAW for Non-Muslims, allow, Civil Marriages in ABU DHABI, and they do not need a residence for the matter. The wife can also obtain a divorce without any reason if she does not want to continue her matrimonial life with her husband. Other matters like Divorce and Inheritance are also managed as per the law they choose. Joint custody has also been allowed now in the new law, where men and women are granted equal rights of custody. The joint custody is up to 18 years of age. The children are provided a right to decide, whether they have to live, with Father or Mother, after 18. Children’s choice is considered in this regard. We know that there are three types of Custody e.g. Sole Custody, Joint Custody, and Third Party-Custody.

As per the name, it’s a type of custody where custody is provided to only one person (parent or guardian). Custody means the physical custody of a child/children. The custodian has to take care of all the decisions, health management, religious education, formal education etc. One important thing to be noted is that, in SOLE-CUSTODY all the decisions are to be taken by one selected parent/guardian. Federal Law 28/2005 throws light on the mother’s right of custody. The father’s right to take custody after the boy’s age 11 and girl’s age 13, is also mentioned in this Law, which is Federal Law 28/2005.

But the Law which is Federal Law 41/2022, civil personal status law, explains that a Man or Woman can also have the right for applying joint custody, but at the age of 18. But Article 10 of this Law states that parties shall become sole custodians too, if;

• First and foremost, if the request is submitted before “Court Rule/Verdict”, by both parties for sole custody.
• If either party is ready to give up his/her right to take guardianship. In this case, the other guardian becomes, the “SOLE-CUSTODIAN”. But reasons submitted to Court must be justified. Intentionally either party can’t back out if he or she has the liability to take custody.
• Father’s mental or health condition, is acceptable. He is physically and mentally healthy.
• He is considered a loyal person, rational person, and wise person.
• He is free from a serious disease, or any health issue which can be proved as contagious.
• He has an alternative to “Mother” like a maid, mother, or any woman to take care of the children.

Finally, this is to be decided by, UAE Courts about the custody based on the circumstances and the pieces of evidence submitted to Courts. As far as the judgement is concerned then no-one can predict the verdict because this is the decision to be taken by Court. The lawyer has to submit the best evidence and proof to the court for a quick and favourable judgement. You can learn our Family Lawyers in UAE.