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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