UAE Child Custody and Guardianship for Muslims and Non-Muslims
UAE and its diversity
The UAE child custody and guardianship laws are specifically designed to safeguard the interests of the children. The topmost priority is given to the welfare and well-being of the child above everything. However, the cultural and religious aspect is always taken into consideration. UAE is home to a huge population of Muslims and non-Muslims people from around the globe. Therefore, a different legal system is applied to the residents. UAE also provides very strong legal structure, and professional legal experts. Local law firms here in UAE, provide very professional legal support and staff trusted lawyers and legal consultants. For example Dubai-based lawyers at Ask The Law. These Dubai lawyers are specialized in family law and deliver amazing legal support for family law UAE.
UAE Legal Structure
The UAE legal structure is a brilliant combination of of federal laws, sharia principles, and emirate based regulations. To fully incorporate the other ethnicities and backgrounds into the Emirates Society, flexibility is provided to expatriates. There are different laws applied to family matters.
Child Custody and Guardianships
Child custody in the UAE mainly deals with the day-to-day care. The child’s life, schooling, basic upbringing, and more are part of it. On the contrary, guardianship refers to the financial support. This also includes the decision-making authority and legal representation of the child. The distinction is important to understand for parents undergoing the divorce or separation process. Family lawyers in UAE, must be hired at the start of any custody matter. Do not hire the lawyers from appeal or cassation sections of court. First, take the legal advice then move to direct legal services. Prefer to hire the quality and trustworthy legal services, which is only possible through professional Dubai-based law firms and professional lawyers.
UAE Child Custody Cases and Governing Laws
For the Muslim families, the child custody and guardianship cases are primarily governed under the Federal Law No. 28 of 2005 on Personal Status. The law is mainly influenced by local laws and Sharia principles. On their other hand, for non-Muslims families, the UAE has introduced new laws to support them. The new personal status regulations were introduced to respect their cultural, social, and religious differences. It is done through Federal Decree-Law No. 41 of 2022 on civil personal status matters. This permits them to apply the laws of their home country in familial matters. Emirates like Abu Dhabi and Dubai have their own family courts. They adhere to their local procedures and regulations. Furthermore, Abu Dhabi’s Civil Family Court can apply non-Muslim personal status laws. On the other hand, Dubai has also developed its systems and procedures. The prime focus is to simplify international family cases for expatriates.
UAE Child Custody Laws for Muslims:
Conventionally, in Muslim families mother is the custodian and the father is the guardian of the child after the divorce is settled. The mother is granted custody rights of minor or young children. The law takes the mother is most suited to take day-to-day care of the child and its needs. Therefore, during the early years of development, the mother handles the child’s physical and emotional needs for Muslim families. On the flip side, the father is declared guardian of the child. The guardian is mainly responsible for all the financial decisions of the child.
- The father of the child has to provide the basic needs of life, such as housing, food, clothing, education, and healthcare. The custody of the child remains with the mother.
- Child custody in the UAE is not permanently given to the mother. Once the child reaches a specific age, the court will review the case. The age for girls is 3, and for boys it’s 11, when the court will review custody rights.
- A father may request a review at any point in time. It is the judges and juries discretion to decide about the custody depending on various factors. They will account for factors like:
- Child’s best interest,
- Safety of the child
- Stability
- Parents’ ability to care
UAE Child Custody Law: For Non-Muslim:
Over time, the UAE has evolved, and thus, they have introduced flexibility for non-Muslims living in the UAE. The recent legal reforms have resulted in facilitating the non-Muslim families. The Federal Decree-Law No. 41 of 2022 allows the non-Muslim parents to choose which country’s laws should be applied to their case. The non-Muslim families are not restricted to the Sharia laws. They can select their home country laws when handling the custody-related cases in the UAE courts. The UAE courts emphasize mainly on the best interest of the child irrespective of religion, ethnicities, and nationality. The judges of the court will account for the following factors:
- Child’s Health and Wellness
- Education
- Emotional Stability
- Parents’ Financial and Mental Ability
According to the new reforms, mothers and fathers are now viewed more equally in the law. They both share the responsibilities of the child as compared to the Sharia-based rulings.
UAE Guardianship Cases in the UAE
The process of Guardianship involves making key decisions about the child. It includes the decision regarding the finances, travel, and legal affairs. Mostly in Muslim families, the father is the guardian of the child, while the mother has physical custody. The father in Muslim families has to take care of clothing, housing, schooling, medical healthcare, and general welfare.
Joint Custody or Guardianship
- For non-Muslims, the UAE courts grant joint guardianship to the parents. Moreover, the court may assign it to 1 parent by considering the situation. The guardian is expected to act in the best interest of the child. Failure to fulfill the duty can result in removal or change of authority for better care and support.
Changing or Removal of Child Custody in the UAE:
The UAE Courts can alter the custody if the current custodian fails to meet the child’s needs. It can be a direct result of
- Negligence,
- Abuse, violence, or coercion
- Drug or alcohol problems
- Inability to meet the needs
In case, the child’s safety or welfare is at stake, the non-custodial parent can request for a change in the status of custody. The UAE courts judges will be thoroughly examining the school records, witnesses, statements, and expert reports to reach the final judgment. The foremost importance is given to the well-being of the child above all.
Seek Professional help:
The law firms in Dubai have skilled and specialized family attorneys who ensure a smooth transition of change. Courts will prioritize the stability and security of the child.
Note:
No guarantee is taken please consult the legal experts before taking a legal action or decision.
