The United Arab Emirates recognizes the importance of maintaining a strong bond between children and their parents after separation or divorce. Consequently, the UAE has established laws and regulations that govern visitation rights for non-custodial parents. This article provides a comprehensive overview of visitation rights in the UAE, emphasizing the legal framework, the process for obtaining visitation rights, and the factors considered by the courts when determining visitation arrangements.
Legal Framework
The UAE’s legal system is based on civil law principles, which are heavily influenced by Islamic Sharia law. The primary sources of family law in the UAE are the Federal Law No. 28 of 2005, also known as the Personal Affairs’ Law.
These laws govern various aspects of family life, including marriage, divorce, fostering, custody, and visitation rights. In the UAE, child custody and visitation are separate matters, with custody typically addressing the child’s primary residence and day-to-day care, while visitation focuses on the non-custodial parent’s right to spend time with their child.
Understanding Visitation Rights in the UAE
Visitation rights refer to the legal right of a non-custodial parent or a first-line relative to spend time with a child who is in the custody of another parent or family member. In the UAE, the Personal Status Law governs visitation rights and sets out guidelines for determining the frequency, duration, and conditions of visitation.
Under Article 154 of the Personal Status Law, only parents have visitation rights. This means that a parent who does not have custody of the child still has the right to visit and spend time with the child. However, if a parent is deceased or absent, visitation rights may be given to first-line relatives such as grandparents, aunts, or uncles. This is important because it allows the child to maintain a relationship with both parents, even if they are not living together.
It’s worth noting that the mother cannot relocate the child if it causes hardships to the father for visiting the child. This means that if the mother wants to move to a different city or country with the child, she must ensure that the father’s visitation rights are not compromised. This provision is in place to protect the visitation rights of the father and ensure that the child has access to both parents.
Process for Obtaining Visitation Rights
In the UAE, parents can agree on visitation arrangements privately or seek assistance from the courts. If the parents can reach an agreement, it is advisable to have the agreement documented in writing and signed by both parties for future reference. However, if the parents cannot agree on visitation terms, the non-custodial parent can apply to the court for an order establishing visitation rights.
In most cases, the courts are responsible for making decisions about visitation rights, taking into account the best interests of the child. However, a recent amendment to the UAE’s laws related to family matters has brought about significant changes in this regard. Specifically, in 2022, a new law was introduced that allows non-Muslims to choose their own laws for matters related to visitation rights.
This amendment is significant because it recognizes the diversity of the UAE’s population and the different legal systems that govern them. Under the new law, non-Muslims have the option to choose the laws of their home country to govern issues related to visitation rights. To do so, they must submit a copy of their law to the court, which must be attested by their country’s embassy or foreign affairs office in the UAE. This means that non-Muslims can now seek legal guidance and support from their own legal systems, which may be more familiar and relevant to their specific cultural and religious backgrounds. This amendment represents a significant step forward in the UAE’s efforts to promote diversity and inclusion. It recognizes the unique needs and perspectives of non-Muslims living in the UAE, and ensures that they have access to legal systems that are more appropriate and relevant to their specific circumstances.
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