he personal status matters in the UAE are regulated by the Federal Law No. 28 of 2005 (UAE Personal Status Law), as amended and Federal Law No. 5 of 1985 on Civil Transactions Law, as amended. Additionally, Emirates of Abu Dhabi has issued a new law called the Abu Dhabi Law No. 14 of 2021, which mainly applies to non-Muslims based in Abu Dhabi. The UAE Personal Status Law continues to apply to Muslims in Abu Dhabi.
Child custody is an important consideration when spouses are getting divorced. While divorce in itself is a tough situation to be in, when there are children involved, it becomes a harder situation. In this article, we will discuss the crucial points to be kept in mind for child custody.
Under the UAE personal status laws, a custodian and a guardian are two different concepts. A custodian is an individual who takes care of the child on a day-to-day basis and has physical custody of the child.
This concludes our discussion on the federal laws applicable to personal status matters in the UAE. However, Abu Dhabi has introduced new family laws which will have a massive impact on non-Muslim expats living in the Emirates of Abu Dhabi. Check out Part IV of the series for a review of the Abu Dhabi laws.
Parental child abduction is quite often faced when a couple is contemplating a separation, and it leaves one parent at a disadvantage compared to the other. As a preventive measure the UAE laws allows for a travel ban request to be imposed on minor children at the request of either parent. When the request is allowed by the court, it functions as a preventive measure to ensure that parental child abduction is not allowed.
A sentence of life imprisonment or even the death penalty can thus be imposed on a person for child abduction in the UAE.
In the beginning of 2021, Decision No. 3 of 2021 organized the visitation timings by one of the one parents, and the decision has organized the time numbers and types, as well as the age of the Child and the relationship between the applicant and the child.
Family Lawyers of Dubai have seen a tremendous increase in cases of Parent-Child Abduction from one country to another in an estranged marriage.
Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court's discretion in family law issues.
The United Arab Emirates may be a vast wonderland to some, but to others, it is a paradise on Earth. The laws of the U.A.E. seek to protect the inhabitants, and most importantly children, in every way imaginable.
Dr. Hassan Elhais explains the difference between a guardians and a custodians and the age limits of children that determine their travel and passport responsibilities.
Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage.
Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody.
Total Publications: 14
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