The courts in UAE will award custody of a child to the parent who is best able to provide for the child’s welfare and interests, in addition the court shall also take into account factors such as the child's age, gender, religion and personal needs.
Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law. But there may be cases when those entrusted to take care of a child are themselves the perpetrators of neglect towards the child. The UAE laws are very strict when it comes to the protection of children, and have laid down penalties if it is found that a child has been subject to neglect by his custodian.
Custody and guardianship are perhaps two of the most discussed concepts in the UAE family law. The present laws governing family matters have defined the scope of both to a certain extent, and parents are awarded their rights over the children accordingly.
The personal status matters in the UAE are regulated by 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.
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.
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.
Abduction in legal terms refers to ‘taking a person away utilizing persuasion, fraud, or force’. It can also be an act of unlawful interference with a family relationship, such as the taking of a child from its parent, irrespective of whether the person abducted consents or not.
At the beginning of 2021, Dubai Decision No. 3 of 2021 laid down the visitation timings by one of the parents, and the Decision organized the time duration and types, as well as the age of the child and the relationship between the applicant and the child.
Through this article, I will highlight three important points to be considered by either spouse, if the other spouse has abducted the child from another country to the UAE without proper authorization and consent.
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 laws of the U.A.E. seek to protect the inhabitants, and most importantly children, in every way imaginable. These laws are laced with concern for the child's well-being, and everything centres on what will be the best for him or her.
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.
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