Divorce is a complex and emotionally charged process, made even more difficult when children are involved. In the United Arab Emirates, custody decisions are made with great care and taking into account both legal and cultural factors. Understanding how custody works in the UAE can provide divorced parents with clarity and guidance during this difficult time.
Custody of Muslim parents under UAE personal status law
For Muslim parents in the UAE, custody is governed by the UAE Personal Status Law. Here are the key points to keep in mind:
- Parenting ability: In custody cases in the United Arab Emirates, the court assesses each parent’s ability to provide a safe, stable and nurturing environment for the child.
- Age and gender of the child: Custody arrangements in the UAE are influenced by the age and gender of the child. Normally, mothers are granted custody of male children up to the age of 11 and female children up to the age of 13.
- Religious Compatibility: Muslim mothers must be of the same religion as the child unless the court decides otherwise in the best interests of the child.
- Marital status of parents: Remarriage, mental disability, or a criminal conviction of the mother can lead to a change in custody, with the father becoming the guardian if he can provide for the child’s well-being.
- Agreement between parents: Courts in the UAE place emphasis on agreements between parents regarding custody arrangements. If both parents agree on a custody arrangement that is in the best interests of the child, the court is more likely to approve it.
- Child’s preference: While the child’s wishes will be taken into account, it is not mandatory for the court to follow his or her wishes, especially if it is not in his or her best interests. The child’s age and maturity level influence how much weight his or her opinion carries.
- Abuse or Neglect: Concerns about abuse or neglect may result in the court appointing a committee to investigate the situation to ensure the child’s safety.
- Court discretion: The UAE courts have considerable discretion when making custody decisions, allowing them to adapt arrangements to individual circumstances while always putting the best interests of the child first.
Custody of non-Muslim parents in accordance with Federal Law No. 41/2022
Non-Muslim parents in the UAE follow Federal Law No. 41/2022, which emphasizes joint custody:
- Joint custody: This law places great emphasis on joint legal custody, with both parents having equal responsibility for raising the child after divorce.
- Exceptions: Joint custody may be reconsidered if one parent poses a danger to the child or fails to fulfill their care obligations. In such cases, the court can change the custody arrangement while always keeping the best interests of the child in mind.
- Court intervention: If parents do not agree on custody matters, either parent can petition the court for a resolution, ensuring that the best interests of the child are paramount.
Custody of non-Muslim parents as per Abu Dhabi Law No. 14/2021
- Joint custody: Custody in Abu Dhabi is viewed as the joint right of both parents after divorce to raise the child with equal participation of both parents.
- Dispute resolution: Disagreements about shared custody can be brought to the court, which will decide what is in the best interests of the child.
- Child’s preference: If a child is 12 years old or older and wants to take away joint custody of a parent, they have the right to do so if it is in their best interests.
- Reasons for termination: Joint custody can be terminated if one parent exposes the child to danger, fails to fulfill their obligations or poses a danger to the child.
In summary, understanding child custody in the United Arab Emirates is crucial when going through a divorce, regardless of whether you are Muslim or non-Muslim. These laws aim to ensure that children have a stable and supportive environment even in the difficult context of divorce.
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