Question:
What is the percentage of custody to be deemed as joint custody?
Answer:
In the United Arab Emirates (UAE), the laws regarding joint custody differ depending on whether the parents are Muslim or non-Muslim.
For Muslim parents, Federal Law No. 28/2005 On Personal Status is applicable. This law does not define a specific percentage of custody that constitutes joint custody. However, it is generally assumed to be an equal division of physical and legal custody, typically 50/50. The court has the authority to modify the custody arrangement if it deems it necessary for the best interests of the child.
On the other hand, for non-Muslim parents, the Federal Decree-Law No. 41/2022 On Civil Personal Status applies. Under this law, both parents are considered equal in their right to joint custody until the child reaches the age of eighteen (18), after which the child has the freedom to choose.
Article 10 of the decree-law states that child custody is a joint and equal right of both parents after divorce. The law emphasizes the importance of both parents sharing the responsibility of raising the children and aims to prevent one parent from dominating the child’s upbringing.
According to the Federal Decree-Law, the principle of joint custody remains the same: both parents have equal rights and responsibilities. However, the law also allows for certain circumstances in which one parent may be excluded from joint custody. This can happen if the parent is found to be unfit, if they have failed to fulfil their custodial duties, or if the court determines that excluding one parent is in the best interests of the child.
In the event of disagreements between parents regarding joint custody, either parent can submit an application to the court to resolve the matter. The court has the discretion to decide what it deems appropriate for the child’s best interests. This means that the court may deviate from a 50/50 division of custody if it determines that a different arrangement is more suitable.
To summarize, joint custody in the UAE is generally understood to mean an equal division of physical and legal custody between parents. For Muslim parents, this understanding is based on general assumptions, while non-Muslim parents are explicitly granted joint custody rights under the Federal Decree-Law No. 41/2022 On Civil Personal Status. The court has the authority to modify custody arrangements based on the best interests of the child, and both parents can seek court intervention in case of disagreements.
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.
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