Divorce happens. But conflicts that result over child custody add immeasurably to the already emotionally charged and tense atmosphere for parents, children and other stakeholders concerned. This is where the UAE’s constantly evolving Personal Status Law comes into play.

1. Child Custody after
Divorce in the UAE
HHS Lawyers and Legal Consultants

2. Defining
Custody
 Divorce happens. But conflicts that result over child custody
add immeasurably to the already emotionally charged and
tense atmosphere for parents, children and other
stakeholders concerned. This is where the UAE’s constantly
evolving Personal Status Law comes into play.
 According to Article 142 of the Personal Status Law of the
UAE, ‘custody’ is defined as “keeping, bringing up and taking
care of the child without interfering with the right of the
guardian of the person”.

3. Differentiating
between
Custodianship
and
Guardianship
 Although both fall under the umbrella of child care, the
difference between the two deals more with scope rather than
intent. While a Guardian must provide for the child financially
and be responsible for major decisions regarding his life
(education, marriage, immigration, etc.), a Custodian is the
more present and routine carer for the child, taking care of
his/her everyday needs. Typically, the former is the father
while the latter is the mother.

4. The Law on
Custody
 These laws are constantly evolving and increasing in scope
and application to make them as comprehensive and relevant
as possible. The child’s best interests are of utmost
importance in the eyes of the law and courts when dealing
with custody cases.
 According to Article 146 (7) of the Personal Status Law, “Both
the father and mother may seek the custody of the child if
they have a dispute and the mother has left the conjugal
house even if their conjugal relation is still existent. The judge
shall decide on their application depending on the children’s
interest.”

5. Letter of the
Law
 According to Article 156 (1) of the UAE Personal Status Law,
“The custody awarded to women shall terminate upon the
child reaching the age of 11 years, if a male, and 13 years, if
a female, unless the court deems extending this age to the
age of maturity, for the male, and up to her marriage, for the
female, is in his/her best interest.”

6. Different
laws for
male and
female
children
 In simpler terms, the law fundamentally differentiates between
custody of the two genders. In the case of a male, the law
dictates that the custody of a male child will be awarded to
the mother until he reaches the age of 11. Flexibility is built
into this law and dictates that individual circumstances and
situations are taken into account when determining whether
or not this period of time will be extended.
 The mother is also granted custody of a female child or
children, but for a slightly more extended period, i.e., until the
girl reaches the age of 13. After this time, as in the case of the
male child, the case is examined carefully to determine
whether or not the period can or cannot be extended.

7. Factors are
taken into
account
 Religion of the Parent
Local courts prefer to grant custody to the parent who professes the same
religion as the child, in case of inter-religious marriages.
 Income and Marital Status of Parent
The court also takes into account the socio-economic standing and marital
status of each parent before making a final decision regarding custody.
Although discretionary, the Judge may deny custody to the mother if she
has remarried.
 Residency Status
When divorced parents live or plan on living in different countries, the
responsibility of the Court increases manifold as custody rights will
determine which child-parent relationship is fated to be long distance.
 Mental Well-Being and ‘Competence’ of Parents
Rulings of competence are subject to the discretion of the presiding
Judge. He is likely to include immoral and/or un-Islamic behavior as
constituting incompetence. Mental well being, on the other hand, takes
into account the mental health of each party concerned and the child’s
best interests.

8. Defining
Maintenance
 Fathers, by law, are responsible for child maintenance irrespective of
the financial standing of either party (mother or father). The court
takes into account the cost being incurred for the daily needs of the
child that include education, sustenance, travel, clothing and even
maids, if applicable. It then decides an appropriate amount to be
paid for the purpose of maintenance. This is often one-third of the
father’s income.
Rules Applicable to Expatriates
 Non-Muslim expatriates can request for the Personal Law of their
home countries to be applied to child custody cases. This requires
those laws to be legally translated and interpreted in totality by the
Judge.

9. When
Disputes
Arise
 When divorce cases are acrimonious, it almost always sets
the tone for contested child custody. When this occurs, Article
146 (6) dictates that “The mother shall have the right of her
children’s custody in case of a dispute over the custody
unless the judge decided otherwise for the child’s interest.”
 When all is said and done, when life gives you lemons,
consult a qualified child custody lawyer!

10. Contact Us
 Source URL - https://hhslawyers.com/blog/child-custody-after-
divorce-in-the-uae/
 Phone : +971 4 2555496
 Email : info@hhslawyers.com