UAE Law and Practice Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
As per Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Mus - lims), the father has to financially support a son until he finishes his education and must support a daughter until she is married. 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, provides that a daughter must be supported by her father until she marries or begins working. Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims) pro - vides that fathers must support their children after divorce; this support includes all aspects of maintenance, such as education, accommo - dation and healthcare. Maintenance is decided by the court, taking into account the financial capacity of the father and the needs and require - ments of the children. The court has discretion - ary 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 pur - poses, 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 for Abu Dhabi) and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi (appli - cable 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 financial 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 accommodation allowance if the mother is finan - cially able to provide decent accommodation for
the children during the joint-custody period. The evaluation of the parties’ economic situations is subject to the discretion 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 after the age of eighteen in the Emirate of Dubai; in other Emirates, this age increases to 21 at the time of publication of this piece (February 2025). 3.3 Other Matters In accordance with Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims), the education guardianship of chil - dren shall be with the mother, but if the father considers that the best interests of the child are being compromised, he may approach the court to review the issue. A decision will be made on any dispute between the parents regarding the child’s schooling. This law provides the father with the right to make decisions regarding the child’s health and property. Likewise, if the mother believes that the child’s best interests are being compromised, she may seek the court’s intervention. If the mother wishes to travel with the child on a short trip but the father refuses to provide consent, the mother will have the right to raise a request with the family court for permis - sion to travel with the child. The court will issue a decision based on the best interests of the child. New Federal Decree-Law No 41 of 2024 (appli - cable from 16 April 2025 for Muslims) that replaces Federal law No 28 of 2005 on Personal Status provides that both the mother and the father have the right to travel alone with the child on one or more occasions per year, provided that the total travel period does not exceed 60 days
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