UAE Trends and Developments Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
How the UAE’s Recent Personal Status Laws Provide a Legal Framework That Prioritises the Best Interests of Children in Relocation Cases In the UAE, family matters are governed by personal status laws. Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law governs the fam - ily matters of Muslims in the UAE. On the other hand, Federal Decree Law No 41 of 2022 on Civil Personal Status governs the family matters of non-Muslims in the country, except in the emirate of Abu Dhabi. Within the emirate of Abu Dhabi, the family matters of non- Muslims are governed by Abu Dhabi Law No 14 of 2021 (the “Abu Dhabi Civil Personal Status Law”). UAE child custody laws Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law and the civil personal status laws under Federal Decree Law No 41 of 2022 on Civil Personal Status and the Abu Dhabi Civil Personal Sta - tus Law contain distinct laws governing the custody and affairs of children following the divorce of their parents. The Sharia-based Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law provides for custody and guardianship of chil - dren. Under Article 112 of this law, the mother of the children is generally granted custody of the children, which entails the day-to-day care and responsibili - ties for the children such as food, clothing, health and well-being. Consequently, she has physical custody of the children. The father, on the other hand, is grant - ed guardianship over the children. This includes the overall supervision of the affairs of the children. The father also has financial responsibility for the children, which includes providing for their food, clothing, shel - ter, education, healthcare, etc. Under Article 123 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the mother will have custody of the children until they reach the age of 18 – regardless of the gender of the children – unless she is disqualified from exercising the right as per the prescribed law. Nevertheless, Arti - cle 122 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law grants children the right to choose between their parents upon reach - ing the age of 15, provided that the court does not decide that such choice is against the best interests of the children.
Article 10 of Federal Decree Law No 41 of 2022 on Civil Personal Status and Article 9 of the Abu Dhabi Civil Personal Status Law allow for joint custody of the children following the divorce of their parents. Thus, both the father and the mother have an equal and joint right over the children. Children are considered to have a right to not live under the control of a single parent, so as to conserve their psychological health and to limit the effects of divorce on them. Article 4 (4) of the Federal Decree Law No 41 of 2022 on Civ - il Personal Status allows for joint custody until the children reach 18 years of age, whereupon they may choose between the parents. Article 16 (4) of the Abu Dhabi Civil Personal Status Law allows joint custody of children until the children are 16 years of age – after which, they may choose between the two parents. Under both civil personal status laws, either parent may voluntarily give up their custody right over the children. Parents may also be disqualified from custo - dianship owing to incompetence as prescribed by law. Non-custodial parents are granted visitation rights under Article 121 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, Article 23 of Cabinet Decision No 122/2023 on the Implementation of Federal Decree Law No 41 of 2022 on Civil Personal Status, and Article 34 of Abu Dhabi Decision No 8/2022 on the Approval of the Regulation of Civil Marriage and Divorce Procedures in the Emir - ate of Abu Dhabi. If the custodian parent denies the other parent their right to visit the children, the court may intervene at the request of the aggrieved parent to enforce this right, as well as to provide a schedule for visitation as per the best interests of the children. Parental consent and child relocation A parent may wish to relocate with their children either temporarily or on a permanent basis. In each case, consent of the other parent is key while making such decisions, given that UAE law underscores the impor - tance of the involvement of both parents in the affairs of their children as provided under Article 112 of Fed - eral Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, Article 10 (1) of Federal Decree Law No 41 of 2022 on Civil Personal Status and Article 9 (1) of the Abu Dhabi Civil Personal Status Law. If the other parent does not consent to the relocation of the
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