Question:
Can a child choose where they want to live in a custody battle?
Answer:
In the United Arab Emirates (UAE), the custody of a child is determined based on the best interests of the child. The courts consider factors such as the capability of the custodian to raise the child, the child’s welfare, and their physical and emotional needs.
While the child’s preference may be taken into account, it is not mandatory for the court to follow the child’s wishes.
According to the UAE’s Federal Law No. 28 of 2005 On Personal Status, different roles are assigned to mothers and fathers. In most cases, the mother is awarded custody until the child reaches 11 years of age for a boy and 13 years of age for a girl, while the father is considered the guardian.
However, the court has the authority to determine a different arrangement if it deems it to be in the best interest of the child. The UAE courts have upheld this principle in various cases.
With the implementation of the newly enforced Federal Decree-Law No. 41 of 2022, which applies to non-Muslims, parents are required to contribute equally to raising their children unless one of them disputes this arrangement.
In cases of joint custody, which is a shared and equal right of the father and mother after divorce, the principle is that both parents share the responsibility of raising the children unless they agree to grant custody to one parent or there are valid reasons for excluding one parent from joint custody.
The court has the discretion to decide what it deems appropriate in the best interest of the child.
Under the new Federal Law, custody is joint for children until they reach 18 years of age. After that, they have the right to choose. If one parent subjects the child to an inappropriate environment, the other parent can request the removal of the parent causing harm.
Further details regarding specific situations will be provided in the implementing executive regulations.
In the event of disagreement between the parents, they may approach the court to decide on custody matters. The child’s best interest remains the guiding principle in custody disputes.
While the court may listen to the child’s statement if they are above 7 years old, it is not mandatory for the court to follow the child’s opinion.
Additionally, if there are concerns about abuse or significant physical problems, the court may request an assessment or appoint a committee to investigate the situation, which may involve listening to the child.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE. To know more information about this law, please feel free to click this link.
