The United Arab Emirates has emerged as a multicultural global city with people from various countries, religions and belief systems. The country continuously works towards building a land where these communities can grow and thrive. This is reflected in the legal landscape of the country that has undergone numerous changes in the last few years.
What is the law governing family and personal matters in the UAE?
The UAE family law comprises personal laws for Muslims and non-Muslim. The personal status Law governing Muslims is stipulated under Federal decree Law No. 41 of 2024(“Personal Status Law”). The law is based on Sharia principles and is applicable to both locals and expatriates in the UAE. The Federal Decree Law No. 41 of 2022 (“Federal Civil Status Law”) governs non-Muslims in the country except in Abu Dhabi where a separate law namely Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Status Law”) governs the non-Muslims belonging to that jurisdiction.
What is the child custody law in the UAE?
Personal Status Law
Under the Personal Status Law, Child Custody post a divorce involves specific roles for mothers and fathers. Mothers are generally made custodians of the children, until children reach the age of 18. As a custodian, a mother is required to ensure the day-to-day care and wellbeing of the children. Consequently, children at this age live with their mother. On the other hand, fathers are given guardianship over the children. Guardians are to bear the financial responsibilities of the children and help in key decision making. Under the Personal Status Law, children have a right to choose the parent that they want to live with once they reach 15 years, provided that the court does not deem such choice to be against the wellbeing of the children.
Civil Status Law
The Federal Civil Status Law and the Abu Dhabi Civil Status law both provide for joint custody of children in case of divorce of the parents. Consequently, both parents are given equal rights and duties over their children. Both the father and the mother must contribute to the day-to-day care and wellbeing of the children, as well as their financial responsibilities. Parents may decide on how to bifurcate this responsibility. However, if they are unable to agree to the terms and conditions of joint custody, they may seek the help of the court.
The right to joint custody can be waived by one of the parents. Parents may also be disqualified from custody over the child due to various factors as stipulated by law. In such cases, the other parent will have sole custody of the child.
Can a custodial parent stop the other parent from visiting the children?
Although parents are given distinct roles in the lives of the children, the law is clear that both parents have a right to visit and spend time with the children who do not live with them. This is clearly stipulated under Article 121 of the Personal Status Law. The Article states that if the child is in the custody of one parent, the other parent has the right to visit, spend time with, and take the child along for overnight stays, according to what is mutually agreed between the parents. If the parents are unable to agree upon a visitation schedule, the court will design a schedule as per the best interests of the children. In case the custodian parent does not allow the other parent to visit, the court has the right to implement the decision by force.
In case of Civil Status Law, Article 10 clearly states that children have the right to not have either parent solely dominating their raising and seeing, in order to preserve the psychological health of the child in custody and limit the effects of divorce on the children. The Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022 gives clear guidelines to govern the visitation rights of the non-custodial parent.
The UAE laws regarding child custody are based on the principle of ‘best interests of the child.’ This principle is also followed by the court while interpreting the laws and issuing judgments involving children. It is important for both parents to be involved in a child’s life to ensure their holistic development. Therefore, both the law and the court precedents ensure that divorced parents set aside their hostilities and participate in their children’s lives.
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