We are pleased to announce that Dr. Hassan Elhais has been recognized as a leading family lawyer by Spears 500, earning the distinction as one of the best legal minds for high-net-worth individuals.
We proudly announces Dr. Hassan Elhais's continued recognition in the 2026 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE.
It gives us immense pleasure to announce that Dr. Hassan Elhais, Legal consultant has been awarded the Best Legal Consultant of the year 2025 in Dubai, by Corporate INTL.
We would like to congratulate Dr. Hassan Elhais on his continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE.
We proudly announces Dr. Hassan Elhais's continued recognition in the 2024 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE.
Guardianship shapes who make the big decisions in your
child's life. Understanding your rights under UAE law helps you protect them.
Guardianship in the UAE is the legal authority to make major decisions on behalf of a child,
manage the child’s financial affairs and to represent the child in legal matters. It is
different
from custody which involves day-to-day care. This role of guardian is one of the parental
rights,
including a parent’s broader participation in their child’s upbringing. An experienced
Guardianship & Parental Rights Lawyer in Dubai helps you to establish, defend or challenge these
rights through family courts.
Guardianship (wilaya) in the UAE is the authority, to make major decisions for a child, including
the financial, educational, and the legal matters, and to represent the child formally. It is
distinct from custody (hadana), which concerns daily care.
For Muslims, guardianship is governed by the Federal Decree Law No. 41 of 2024, on Personal
Status, effective 15th Day of April, 2025. The father is traditionally the guardian, while the
mother holds custody, though the reforms strengthened, the role of both parents. The civil
framework for non-Muslims approaches guardianship on a more joint, gender - neutral basis.
Guardianship decisions are assessed against the child's best interests. According to Dr. Hassan
Elhais, Senior Legal Consultant, separating the concepts of custody, and guardianship is
essential to understanding the parental rights under the UAE law.
Decision - making over education, travel, and major matters
Management of the child's financial affairs
Legal representation of the child
Clarifying who holds, which role avoids confusion, and protects the child's interests.
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Types of Guardianship & Parental Rights Matters in Dubai
Guardianship issues take several forms, each handled by a Guardianship & Parental Rights Lawyer,
in Dubai.
Establishing Guardianship
Confirming who holds guardianship authority, over a child's major decisions, and the
financial affairs.
Disputes Over Parental Rights
Resolving the conflicts between parents over decision - making, travel, schooling, or
financial management.
Removal or Transfer of Guardianship
Requesting change of guardianship as the current arrangement is no longer in the best
interests of the child.
Guardianship for Non-Muslim Families
Establishing the joint, gender - neutral guardianship arrangements, within the framework
of civil personal status.
The Guardianship Process in Dubai – Step by Step
The guardianship matters in Dubai, are decided through the family courts, with the child's
welfare
paramount.
Guardianship in Dubai
Step 1: Assessment
We review:
Appropriate legal framework
Current custody and guardianship responsibilities
The subject matter of dispute
The needs of the child and the interests
Step 2: Family Guidance & Agreement
We pursue:
Referral to the Reform Center and Family Guidance
A mutual agreement on the allocation of parental duties
Documentation of any agreement
Step 3: Filing the Application
We prepare and submit:
The petition for guardianship
Evidence supporting the proposed arrangement
Decision making and financial provisions
Step 4: Hearings & Order
We handle:
Representation at hearings
Responses to the case of the other side
Enforcement or amendment of the order
The guardianship determines, who controls the key aspects of your child's life. Your Guardianship & Parental Rights Lawyer in Dubai, protects your role, and the child's interests.
Cost Discussion Framework
Legal fees in guardianship matters depend on the case. Factors include:
Whether the arrangement is agreed, or contested
Complexity of the family circumstances
Financial, or cross - border elements
Number of hearings required
Any variation, or the enforcement proceedings
During your consultation, we provide a transparent fee structure, tailored to your matter.
Addressing Common Client Concerns
What is the difference between custody and guardianship?
Custody is the day-to-day care of the child, while the guardianship is the authority
over
major decisions, finances, and the legal representation.
Who is the guardian under UAE law?
Under the Muslim personal status law, the father is traditionally the guardian; the
civil
framework for the non-Muslims, supports joint guardianship.
Can guardianship be transferred?
Yes. The court can change a guardian, where the existing arrangement, no longer serves
the child's interests.
Do non-Muslim parents share guardianship?
The civil personal status framework approaches guardianship on a joint, gender - neutral
basis for the non - Muslim families.
Confidentiality is strictly maintained at all times.
Why Choose Dr. Hassan Elhais & Our Guardianship & Parental Rights Lawyer in Dubai
Dr. Hassan Elhais is a Senior Legal Consultant, and family law specialist, with deep experience
advising the parents on guardianship, and parental rights, under both the Muslim, and civil
frameworks.
Proven experience in the guardianship, and parental rights
Multilingual legal team
Representation for the expats, and cross - border families
Strict confidential handling of the sensitive matters
Child - focused, structured legal strategy
We operate in the strict compliance with the UAE personal status law, and the court procedure.
Trust & Compliance
We offer professional and ethical representation in family law matters in accordance with the UAE
law. We give you our advice that is specific to your situation, clear and without false
promises. Consultations are private and confidential.
Take Immediate Action
Guardianship decides, who has control over your child’s future. Early experienced legal advice
helps you, to protect your role as a parent, and the best interests of the child.
Choosing the right guardianship lawyer depends, on experience, knowledge of UAE
family law, and the complexity of the case. Dr. Hassan Elhais is a highly
experienced
Senior Legal Consultant, with more than 20 years of experience, advising the parents
on guardianship disputes, parental rights, custody - related matters, child
relocation issues, and cross - border family law cases, in the UAE.
Travel - related decisions, may require the consent of the legally authorized
parent,
or the guardian, depending on the circumstances, and applicable legal framework.
Court intervention may sometimes be necessary, where parents disagree.
The timeframe depends, on whether the matter is agreed, or contested, the complexity
of the issues involved, and the court's schedule. Cases involving international, or
relocation issues may take longer.
Yes. The expatriate families, living in the UAE, may seek guardianship - related
orders through the UAE courts, subject to the applicable personal status framework,
and the jurisdictional requirements.