UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
2.3.3 Age/Maturity of the Child Under the Federal Personal Status Law, custody gen - erally ends when the child reaches 18 years of age, regardless of gender. From the age of 15, the child may choose to reside with either parent, subject to the court being satisfied that the choice serves the child’s best interests. Under the Federal Civil Personal Status Law, joint custody generally continues until the child reaches 18 years of age. Under the Abu Dhabi civil family law regime, parents generally share joint custody until the child reaches 16 years of age, after which the child may choose between the parents, subject to the court’s assessment of welfare. Before that age, in cases of disputes concerning the removal of a parent from joint custody, the Abu Dhabi Civil Family Court may nevertheless take account of the child’s wishes where the child has sufficient age and understanding. 2.3.4 Importance of Keeping Children Together UAE law does not contain a specific rule requiring siblings to remain together in every relocation case. However, where a proposed move would separate siblings, the court is likely to consider the effect of that separation on each child’s welfare and emotional stability, and on existing family arrangements. Keeping siblings together may support continuity of care and stability, particularly where they have been living together with the same primary caregiver. The court may also consider the children’s ages, the strength of their relationship, their schooling and care arrangements, and whether the proposed move would result in one child remaining in the UAE while another relocates abroad. The issue is not decisive in itself. The court may approve different arrangements where there is a clear reason why this better serves the welfare of an individ- ual child, but the parent proposing separation would need to explain why it is necessary and how the chil - dren’s relationship would be preserved. 2.3.5 Loss of Contact The likely effect of relocation on the child’s relationship with the parent remaining in the UAE is an important consideration. A move abroad may reduce regular in-
Under the Federal Personal Status Law, the court will also consider the impact of the move on custody and guardianship rights. A permanent move by a custodi - an may become relevant where it adversely affects the child’s interests or substantially restricts the guard - ian’s relationship with the child. Under the Federal Civil Personal Status Law and the Abu Dhabi civil family law framework, the court will consider whether the move is compatible with joint custody and shared parental involvement. Both regimes allow the court to determine disputes between parents concerning joint custody according to the child’s best interests. 2.3.2 Wishes and Feelings of the Child The child’s wishes and feelings may be relevant to a relocation application, but they are not the only factor and will not automatically determine the outcome. The weight given to the child’s views will depend on the child’s age, maturity and ability to express an informed preference. Under the Federal Personal Status Law, a child who has reached the age of 15 may choose to live with either parent, subject to the court being satisfied that the arrangement is in the child’s best interests. The child’s views may therefore carry particular weight where a proposed relocation would affect which par - ent the child lives with. Under the Federal Civil Personal Status Law, joint cus - tody generally continues until the child reaches 18, after which the child has freedom of choice. Under the Abu Dhabi civil family law regime, joint custody generally continues until the child reaches 16, after which the child may choose between the parents. In disputes concerning the removal of a par - ent from joint custody, the court may also take into account the wishes of a child who has reached the age of 12. In a relocation dispute, the court may consider the child’s views alongside the practical effect of the pro - posed move, including schooling, emotional welfare, family support, stability and the child’s relationship with both parents.
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