UAE Trends and Developments Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
Civil Family Law and Joint Custody Federal Decree-Law No 41 of 2022 on Civil Personal Status introduced a different approach based on joint custody. Both parents have an equal right to joint cus - tody of the child until the child reaches 18 years of age, after which the child has freedom of choice. The civil family law model does not necessarily mean that the child spends precisely equal periods of time with each parent. Rather, it reflects the principle that both parents should retain an active and meaningful role in the child’s upbringing and major decisions. In Abu Dhabi, Law No 14 of 2021 and its implement - ing regulations also provide for joint custody as the general position following divorce. Both parents share responsibility for raising the child, unless one parent relinquishes that right or the court finds a valid reason to remove or restrict joint custody. This has particular significance in relocation disputes. A parent seeking to relocate under a joint custody framework must address how the relocation will affect the other parent’s ability to exercise their role. The court may be less likely to approve an arrangement that results in one parent being practically excluded from the child’s day-to-day life without a compelling welfare reason. Travel Bans and Protective Measures A child travel restriction should be distinguished from the general travel ban regime that applies to debtors. In family matters, the Personal Status Execution Judge has jurisdiction over the execution of personal status decisions and may issue travel ban orders. Article 324 (3) of the Civil Procedure Code specifically permits the Personal Status Execution Judge to prevent a child in custody from travelling if such travel would violate the conditions set out in the Personal Status Law. This is particularly relevant where a parent proposes to take a child outside the UAE without the written approval required under Article 116 of the Personal Status Law, or without a court authorisation where consent has not been obtained. The measure is intended to ensure compliance with the applicable custody and travel rules, and to preserve the child’s
• a school holiday contact schedule; • arrangements for travel between countries; • the allocation of flight, accommodation and travel expenses; • video-call schedules that are appropriate to the child’s age and school routine; • arrangements for birthdays, religious holidays and significant family events; • procedures for sharing school reports, medical updates and major decisions; and • provisions for additional in-person contact when the child or parent visits the UAE. The more detailed and realistic the proposed contact plan, the more likely it is to demonstrate that the relo - cating parent is acting in the child’s interests rather than seeking to weaken the other parent’s involve - ment. The Child’s Views and Increasing Autonomy The 2024 Personal Status Law gives greater recogni - tion to the views of older children. Article 122 provides that a child is entitled to choose which parent to live with when they reach the age of 15, unless the court considers that a different outcome better serves the child’s interests. This does not mean that a child’s preference is auto - matically decisive. The court may consider whether the child’s view is freely expressed, informed and con - sistent with their welfare. The court may also assess whether the child has been placed under pressure or influenced by one parent. Nevertheless, the child’s wishes may carry consider - able weight in a relocation dispute, particularly where the child is mature, settled in a particular educational environment or has strong views about remaining in the UAE or moving abroad. Custody generally ends when the child reaches 18 years of age, subject to circumstances involving inca - pacity or illness. A person who has reached 18 years of age and has full legal capacity may retain their own passport and identification documents, unless the court decides otherwise.
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