UAE Law and Practice Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
as risk of the child/children in custody being exposed to domestic violence or abuse; unsatisfactory liv ‑ ing conditions provided by the joint custodian to the child/children; the joint custodian having behavioural or psychological problems that would cause harm or expose a child to risk or neglect; commission of a crime by the joint custodian, preventing them from carrying out their duties or resulting in them posing a threat to the child in custody; abuse of drugs, alcohol or any psychotropic substances; other health reasons preventing the joint custodian from carrying out their duties towards the child in their custody; or any oth ‑ er reasons determined by the competent court. It is important to note that, in custody matters, the court maintains discretionary power to make a decision on the basis of natural justice and best practice in per ‑ sonal status matters internationally. The non-custodial parent may request visitation to meet with the child in custody with the other parent. The age of the child and the child’s best interests must be the primary factors determining the visitation rights to be granted to the non-custodial parent. Visits could correspond to online as well as physical meetings. The visitation schedule, such as the number of hours in a day and the number of days per week, is decided by the court based on the child’s age, their best interests, and the facts of the case. Moreover, based on these factors, the court could also decide on whether the non-custodial parent may be allowed to accompany the child on trips away from the custodian parent, and stay overnight with the child. At the beginning of 2021, Dubai Decision No. 3 of 2021 set down visitation rights for non-custodial par ‑ ents. However, this decision was issued for guidance purposes and was not mandatory, and also only con ‑ cerned the Emirate of Dubai. Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, under Article 106, clearly states that the financial responsibility of a child is on the father, in the case of a boy, until he reaches the age where his peers have begun earning, and, in the case of a girl, until she marries or starts earning. Moreo ‑ ver, if the daughter undergoes a divorce, her financial responsibility is shifted to the father unless she has property or, if she works, or someone else is respon ‑
sible for her maintenance. The father is also financially responsible for an adult son with a disability, unless that son has a source of income. As per Article 95 of Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, child support includes basic necessities such as food, clothing, housing, medical treatment and education in accordance with customs. In accordance with Article 96 of the Decree-Law, child support is determined based on the financial status of the provider, the status of the receiver, and the economic situation at the time and place. The court considers these and ascertains the amount of child support at its discretion. Maintenance is decided by the court, taking into account the financial capacity of the father and the needs and requirements of the children. The court has discretionary power to estimate the support due from the father to the children. Dubai Decision No. 3 of 2021 sets down the maintenance amount. How ‑ ever, this decision was issued for guidance purposes and was not mandatory, and also only concerned the Emirate of Dubai. Federal Decree-Law No. 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No. 14 of 2021 (applicable for non- Muslims in Abu Dhabi) provide for equal treatment of spouses who are granted joint custody rights. The court may increase or reduce maintenance amounts based on a court expert’s report concerning the finan ‑ cial situation of the parties to ensure a decent living for the children. Moreover, the court may completely or partially exempt the father from paying an accom ‑ modation allowance if the mother is financially able to provide decent accommodation for the children during the joint custody period. The evaluation of the parties’ economic situations is subject to the discre ‑ tion of the court. The child support order will be in place while the custodial parent has the child in their custody. Either party may approach the court to increase or reduce the child support order based on new circumstances. The child can personally claim child support payments
256 CHAMBERS.COM
Powered by FlippingBook