Custody under the UAE Personal Status Law

Upon the termination of #marriage either by divorce or by the death of the father, the custody of the #child usually goes to the mother until the girl child reaches the age of eleven (11) years and the boy child reaches the age of thirteen (13) years.

The role of custodians and guardianship are different under the #UAE Personal Status Law.

The rule is that #custody granted to the mother expires once the child reaches 11 years old (for boys) and 13 years old (for girls).

However, if the spouses are in conflict with regard to the custody #rights, the judge has the power to extend the custody with the mother until the male reaches the age of majority (21 years old) or the female marries.

The custody can be passed on to the father after the expiration period as aforesaid. The father has a period of six (6) months, starting with the day the boy reaches 11 years old, or the girl reaches 13 years old. If the father does not request custody within the first six (6) months, it shall be deemed that he has waived off his claim for custody of the children.

It is pertinent to note that most personal matters in the UAE are upon the judges’ discretion on a case to case basis.

In the Emirate of Abu Dhabi Abu Dhabi Judicial Department , a new Personal Status Law 2021 was passed in order to govern such matters for non-Muslims. This new law applicable in the Emirate of Abu Dhabi provide a flexible and advanced judicial mechanism for the determination of personal status disputes amongst non-Muslims. Couples under the aforesaid #law do not have to show that their marriage was in trouble before filing for divorce. Further, Parents who #divorce automatically share joint custody of their children, and there are procedures in place to handle any disputes that may arise between the two parties. Such joint custody is applicable till the child turns sixteen (16) years old.

How can we help?

At HANI AL JASMI ADVOCATES & LEGAL CONSULTANTS , we have a team of family law experts who can address your personal law matters and provide the requisite legal remedies to the same. Termination of marriage and associated events can be a distressful situation for the entire family and we are in a position to advice you on the right #legal recourse to resolve all your personal issues with much care and caution, keeping your best interests in mind.

For any queries regarding custody of children, divorce, wills, please #contact: 042957744

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?FAQs

1.?????Is the Law applicable in other Emirates in the UAE too?

The Federal Law No. 28 of 2005 concerning Personal Status (“Personal Status Law”)as amended is applicable on all the #Emirates in the UAE and Law No. 14 of 2021 concerning personal status for non-Muslims foreigners is applicable only in the Emirate of Abu Dhabi.

2.?????Is it applicable if the marriage is consummated in home country but currently the family are residents of UAE?

The provisions of the Personal Status Law apply to all UAE nationals unless non-Muslims and/or non-UAE nationals have their own provisions applicable to their religion and sect subject to certain provisions under the UAE Civil Transactions Law.

3.?????How does custody work in case of inter-caste marriages consummated in home country but the parties are resident in the UAE?

Custody in the case of inter-caste marriages between non-Muslims and non-UAE nationals, in most cases, is governed by the laws of the jurisdiction where the marriage took place unless decided otherwise by a competent #court in the UAE.

4.?????Is the custodian solely liable for expenses of the child or are they shared between the parents?

A guardian of a child financially maintains the child, makes important decisions about the child’s education and upbringing, and generally takes care of the child’s affairs. The custodian is concerned with the child’s day to day life. The custodian has actual, physical custody of the child on a day to day basis, and must raise and take care of the child. It is possible for one parent to play both roles. Most often the mother is awarded custody of children up to a certain age, whereas the father is always considered the guardian. However, the Court has discretion to make orders that are in the child’s best interests.

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