Custodial Rights of Children in the UAE
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When child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
The applicable law in relation to the children matters in the UAE is Federal Law No. 28 of the year 2005 regarding the Personal Statuses Law (articles 142-158).
According to the above mentioned law the custody of the child is determined by the court in the best interest of the child.
To be deemed as a fit custodian, a person should fulfill a list of requirements:
- Mental stability;
- Being honest;
- To reach the age 21;
- Ability to take care of a child;
- To be clean from an infectious disease;
- Must not have been committed a serious crime.
Certain legal norms specify that Custodian:
- must be of the same religion as the child
- the mother should not re-marry;
- the father should have a family relation with a child and be able to take care of a child involving a female.
The custody ends when a boy turns 11 and a girl turns 13, unless the court decides for the child’s interest to extend this period till the male child comes of age of discretion, or the female child gets married.
Most often the mother is awarded custody of children. If the court finds the mother "incompetent," custody of a child can be given to the father; if not – to the child’s maternal grandmother; if not – to the mothers sister; if not – to the fathers sister; if not – to the sisters daughter on the mothers side, etc.
The custodian is concerned with the child’s day to day life. The custodian has actual physical custody of the child on a day to day basis, and must raise and take care of the child.
On the other hand, a guardian of a child is a person who financially maintains the child, makes important decisions about the child’s education and upbringing, and generally takes care of the child’s affairs.
During the trial, child custody belongs to the mother.
After the final divorce, the mother may move with the child to another city within the country unless such movement affects the child’s education or causes harm to the father or makes him suffer unusual hardship or costs for visiting the child.
ABOUT THE AUTHOR: Hassan Elhais
After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system.
Specializing in the drafting of all statement of claim, memos and consultation with regards to all kind of litigation, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner. Member of Egypt Bar Association; Member of International Bar Association; and Recommended Lawyer of Embassy of United States in Abu Dhabi.
Copyright Al Rowaad Advocates & Legal Consultancy
More information about Al Rowaad Advocates & Legal Consultancy
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
According to the above mentioned law the custody of the child is determined by the court in the best interest of the child.
To be deemed as a fit custodian, a person should fulfill a list of requirements:
- Mental stability;
- Being honest;
- To reach the age 21;
- Ability to take care of a child;
- To be clean from an infectious disease;
- Must not have been committed a serious crime.
Certain legal norms specify that Custodian:
- must be of the same religion as the child
- the mother should not re-marry;
- the father should have a family relation with a child and be able to take care of a child involving a female.
The custody ends when a boy turns 11 and a girl turns 13, unless the court decides for the child’s interest to extend this period till the male child comes of age of discretion, or the female child gets married.
Most often the mother is awarded custody of children. If the court finds the mother "incompetent," custody of a child can be given to the father; if not – to the child’s maternal grandmother; if not – to the mothers sister; if not – to the fathers sister; if not – to the sisters daughter on the mothers side, etc.
The custodian is concerned with the child’s day to day life. The custodian has actual physical custody of the child on a day to day basis, and must raise and take care of the child.
On the other hand, a guardian of a child is a person who financially maintains the child, makes important decisions about the child’s education and upbringing, and generally takes care of the child’s affairs.
During the trial, child custody belongs to the mother.
After the final divorce, the mother may move with the child to another city within the country unless such movement affects the child’s education or causes harm to the father or makes him suffer unusual hardship or costs for visiting the child.
ABOUT THE AUTHOR: Hassan Elhais
After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system.
Specializing in the drafting of all statement of claim, memos and consultation with regards to all kind of litigation, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner. Member of Egypt Bar Association; Member of International Bar Association; and Recommended Lawyer of Embassy of United States in Abu Dhabi.
Copyright Al Rowaad Advocates & Legal Consultancy
More information about Al Rowaad Advocates & Legal Consultancy
View all articles published by Al Rowaad Advocates & Legal Consultancy
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
