In the aftermath of a divorce, a major life transition that affects not just the spouses but also their children, child custody matters emerge as the most crucial aspects to address. These delicate and intricate legal issues demand careful consideration, thorough understanding, and often, professional legal guidance. With the child’s emotional well-being as the paramount concern, Dubai’s legal system strives to prioritize the child’s best interests throughout the custody determination process. This blog discusses the intricacies of child custody laws in Dubai, highlighting the key aspects that parents should be aware of as they navigate this challenging journey.
Child Custody Law in the UAE for Expats
Non-Muslim expatriates in the UAE can have their custody cases heard under their home country’s laws or the Personal Status Law, depending on the circumstances and their preference. It is essential to have legal representation to ensure that custody arrangements are fair and, in the child’s, best interests.
Child Custody as Per Shariah Law
Sharia law plays a significant role in shaping family law and child custody decisions in the United Arab Emirates (UAE). The UAE is a country where Islamic principles are deeply rooted in its legal system, and Sharia law governs many aspects of family life, including marriage, divorce, and child custody.
In the UAE, family matters are primarily governed by personal status laws based on Islamic principles. These laws are applied by the Sharia courts, which have jurisdiction over family law matters. When it comes to child custody, Sharia law provides guidelines on how custody should be determined in cases of divorce or separation.
One of the key principles of Sharia law regarding child custody is the concept of the “best interests of the child.” According to Islamic law, the welfare and well-being of the child are of paramount importance in determining custody arrangements. This principle is enshrined in the UAE’s personal status laws, which prioritize the child’s welfare when making custody decisions.
In cases of divorce, Sharia law provides guidelines on how custody should be allocated between the parents. Generally, custody of young children is awarded to the mother, as she is seen as the primary caregiver and nurturer. However, the father retains the right to visitation and access to the child. In cases where the mother is deemed unfit or unable to care for the child, custody may be awarded to the father or another suitable guardian.
Sharia law also recognizes the importance of maintaining the child’s relationship with both parents, even in cases of divorce.
Legal Guardianship In the UAE
Guardianship in the UAE refers to the legal responsibility of caring for a child’s personal and financial affairs. A guardian is appointed to make decisions on behalf of the child until they reach the age of majority. This can include decisions related to education, healthcare, and financial matters. Legal guardianship in the United Arab Emirates (UAE) is the legal authority given to a person to make decisions for another person who is unable to do so themselves. This can include minors or adults with diminished capacity.
Who can be a guardian?
- Parents: Parents can appoint guardians to care for their children in their absence.
- Relatives: Relatives can be appointed as permanent guardians to care for children long-term.
- Local residents: Local residents can be appointed as temporary guardians to care for children in the immediate aftermath of a parent’s death.
Child Custody Age Limit
Under the law, the custody age has been extended to 18 for boys and girls, for fathers and mothers involved in custody cases.
Previously, mothers could only be granted custody until their sons reached the age of 11, or 13 in the case of their daughters.
This update mirrors a directive implemented for non-Muslim mothers in the country’s civil court system in December 2022.
The new law also offers additional support for non-Muslim mothers married or previously married to Muslim men regarding custody provisions.
It allows them the opportunity to retain custody of their children beyond the age of five in a key change to pre-existing legislation.
Conclusion
The concept of child custody in Dubai is governed by the personal laws of the UAE and when dealing with child custody after divorce, it is important to consider the importance of compassion and ethics in the decision-making process.
While the law outlines specific guidelines for child custody, judges must also take into account the best interests of the child and the well-being of both parents.
You can reach out to us for a free consultation on the process needed to get child custody in the UAE. Contact us today.
