Child Custody In UAE

In an effort to preserve family cohesion and stability, In 2022, the Abu Dhabi Judicial Department (ADJD) was able to lower the divorce rate by approximately 6%, resulting in only 3% of family disputes ending in divorce, compared to the 9% rate recorded in 2021 (source). However, divorce cases still occur, and it is important for couples who have children and are residing in the UAE to understand the rules and regulations of divorce-related matters, especially custody. 

Filing for divorce:

1. To initiate the divorce process in the UAE, either party must register the case at the Family Guidance Section of their respective judicial department in one of the emirates. The case will then be referred to a court-appointed conciliator, who will attempt to reconcile the parties.

2. The conciliatory process is mandatory for divorce proceedings in the UAE. During this stage, parties are given the opportunity to voice their concerns about the marriage without the presence of legal representatives.

3. If the parties are able to reach an agreement at this stage, the divorce can be concluded amicably. The parties will need to draft a settlement based on their mutual understanding and sign it before the conciliator.

4. If one or both parties are determined to proceed with the divorce, the conciliator will issue a referral letter allowing the claimant to proceed before the court to conclude the divorce case. This letter must be submitted to the court within three months from the date of issue.

5. Once in court, the details of the divorce case will be at the court’s discretion, and each party must provide evidence to support their own claims and defence against one another.

Children’s custody:

In accordance with Federal Law No 28 of 2005 for Personal Affairs, custody and guardianship of a child in the UAE are assigned to the biological mother and father, respectively. Custody refers to the day-to-day care of the child, which is typically granted to the mother while not infringing on the father’s right to guardianship. The guardian is mainly responsible for financially supporting the child and has a role in the decision-making process in regard to the child’s upbringing. The guardian is responsible for providing shelter, expenses for food, medical care, education and other necessities.

According to Article 156 of Federal Law No 28 of 2005 for Personal Affairs, the guardian (father) can claim custody of the children once the son reaches the age of 11, and the daughter reaches the age of 13. The custodian (mother) may extend custody of her kids until her son completes his education or her daughter gets married, by demonstrating that she has been a responsible caregiver through the children’s academic records, medical history, and other relevant factors. On the other hand, the father can claim custody if he feels like his son is becoming too soft due to staying with his mother, and it is left for the judge to decide based on each individual case while focusing mainly on the child’s best interest. 

A suitable custodian:

Maintaining the well-being of the child is of utmost priority, and as a result, physical custody is typically granted to the mother unless there are valid reasons to suggest otherwise. The custody can be revoked and granted to the father if the mother is not mature, rational, honest, able to bring up and take care of a child, has an infectious disease, or has been sentenced for a serious crime, such as a crime of honour. 

Rules of maintaining custody: 

The requirements for custodianship differ based on the gender of the custodian. If the mother is the custodian, she is not permitted to remarry unless the court determines that it is in the child’s best interests, and she must share the same religion as the child. On the other hand, if the father is the custodian, he is required to have a woman who is capable of caring for the child, such as a female relative, residing in his home. Additionally, he must share the same religion as the child.