Important issues to find out about baby custody beneath Sharia legislation

Child custody is an important consideration when spouses divorce. While divorce is a difficult situation in itself, it becomes even more difficult when children are involved.

In this article, we go over the key points to consider when it comes to child custody.

  1. Who is a custodian?

According to Federal Law No. 5 of 2005 (UAE Personal Status Law), a guardian is a person who looks after the daily life of the child and is involved in the upbringing, care and upbringing of the child. A guardian, on the other hand, supports the child financially, makes decisions about the child’s education and upbringing, and looks after the child’s affairs in general.

According to Article 146 of the UAE Personal Status Law, the mother has the first right to be a guardian, followed by the father.

2. Requirements for a Custodian

Article 143 requires a custodian to meet certain conditions. These include good judgment, the age of majority, fidelity, the ability to raise and care for the foster child, protection from dangerous infectious diseases, and not being convicted of a crime against honor.

If the guardian is a woman, according to Article 144 of the UAE Personal Status Law, she should be of the same religion as the child and should not be married to a man who is not related to the child, unless the court decides otherwise in the interests of the child .

Article 145 of the UAE Personal Status Law states that if the mother is of a different religion than the child, custody shall be forfeited unless the judge considers that it is in the interest of the child for the mother to have custody of the child. In this case, however, custody ends when the child reaches the age of five.

3. Until when can the mother have custody?

The mother’s custody ends when the male child reaches the age of eleven and the female child reaches the age of thirteen, unless the court is of the opinion that an extension of the custody age is in the best interests of the child. In this case, the extension can take place until the male child comes of age and until the female child marries.

The father has custody as soon as the son and/or daughter have reached the age of 11 or 13 respectively. Article 156 of the UAE Personal Status Law further states that if the child is insane or suffers from a disabling illness, the mother retains custody.

It may also be noted that the mother is entitled to custody of the children during the court proceedings, unless the judge considers that such custody is not in the interests of the child.

4. Custody Fee and Other Financial Assistance

The mother can demand maintenance for the children.

The child’s caregiver has the right to demand child custody from the father for the provision of their services as caregiver. In addition, a father must financially support the boy until he completes his education and the girl until she is married under Article 78. According to Article 68 of the UAE Personal Status Act, temporary child support can also be requested until the case is decided.

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