UAE Law and Practice Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
the child or children. When there are no circum - stances affecting the interests of the child, the father can only claim custody from the mother when a boy turns 11 years old and a girl turns 13. The courts generally always consider the best interests of the child in custody matters. If the mother is considered the custodian, which hap - pens in most cases, then she can claim child support. In accordance with new Federal Decree Law No 41 of 2024, which is effective from 16 April 2025 and will replace Federal law No 28 of 2005 on Personal Status, the custody age now ends at 18, regardless of the child’s gender, and the child has the right to choose between the parents at the age of 15, subject to the child’s best inter - ests. Federal Decree Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dha - bi) and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi (applica - ble for non-Muslims in Abu Dhabi) provide for custody to be shared between the parents, with Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dha - bi) providing for joint custody until the age of 18 and Abu Dhabi Law No 14 of 2021 (applicable for non-Muslims in Abu Dhabi) providing joint custody until the age of 16. However, joint cus - tody can be reconsidered if one parent poses a threat to the child or fails to fulfil their custodial duties. In such cases, the court can modify cus - tody arrangements, always prioritising the child’s best interests. When parents disagree on cus - tody matters, either one can submit an applica - tion to the court for resolution, ensuring that the child’s best interests are the primary considera - tion. Either parent may request removal of the other from the joint custody arrangement, tem - porarily or permanently, for reasons such as risk
of the child/children in custody being exposed to domestic violence or abuse, unsatisfactory living conditions provided by the joint custodian to the child/children, the joint custodian hav - ing behavioural or psychological problems that would cause harm or expose a child to risk or neglect, commission of a crime by the joint cus - todian, 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 other reasons determined by the compe - tent court. It is important to note that, in custody matters, the court maintains discretionary power to make a decision on the basis of natural jus - tice and best practice in personal status matters internationally. The non-custodial parent may request visita - tion 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 deter - mining the visitation rights to be granted to the non-custodial parent. Visits could correspond to online as well as physical meetings. The visi - tation 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, best interests, and the facts of the case. Moreo - ver, 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 parents. However, this decision was issued for guidance purposes, and was not mandatory, and also only concerned the Emirate of Dubai.
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