Many parents going through separation or divorce often ask how child custody in Dubai & UAE works.
The basis of child custody in Dubai is what is deemed best for the child custody under UAE law. Whether parents are Muslim or expatriates of another religion, family courts follow specific rules under UAE law to decide who will care for and who will act as guardians of children and who will have visiting rights.
Learning about the way child custody is handled in the UAE can be helpful in avoiding any controversy between the two spouses.
In complex situations, parents may seek advice from divorce and custody legal support to understand their legal options.
How Child Custody Works in Dubai Under UAE Law
Understanding how child custody works in Dubai requires knowing the difference between custody and guardianship, the role of each parent, and how courts prioritise the child’s welfare in every decision.
Determining Child Custody in UAE Courts
UAE family courts recognise two important concepts:
Custody (Hadana) – the daily care and upbringing of the child
Guardianship (Wilaya) – financial responsibility and major life decisions
Most often, the court awards custody to one parent and guardianship to the other parent to ensure both parents’ continued involvement in the life of the child.
The guiding principle is always:
What kind of arrangement will best provide for the child’s physical, emotional, and educational well-being?
Child custody rules in Muslim families
For Muslim families, court guidelines are in accordance with Sharia law as interpreted in UAE law.
General practice may include:
- The mother is granted custody of young children
- The father remains the legal guardian
- Both parents having clearly defined roles in the upbringing of the child
It is worth noting that these rules are not automatic. Each situation is judged on an individual basis. The judge has the power to change custody arrangements when necessary.
Child Custody Rules for Non-Muslim Expatriate Families
In addition, in respect of expatriates, courts in the UAE are prepared to apply the home country law of parents if certain legal conditions are fulfilled.
However, the court must be satisfied that:
- Application of foreign laws is not contrary to UAE’s public policy
- The arrangement also maintains the child’s best interests
This section is particularly relevant to expat parents who are not even aware that they can request the application of the principles of the laws of their home jurisdictions.
Age Guidelines for Custody (Boys & Girls)
While the welfare of the child is a primary concern of the court, traditional age limits are sometimes taken into account.
Boys: normally in the mother’s custody up to 11 years of age
Girls: usually in the custody of the mother until the girls reach the age of 13.
After these ages, custody may pass to the father unless otherwise decided by the court based on the best interest of the child.
Judges may override these age references as needed.
When Can Custody Be Transferred?
However, custody is not permanent, as it can be changed if the conditions are altered. There are cases in which custody can be changed if there is evidence of:
- Remarriage that affects the child’s stability
- Negligence or inability to provide proper care
- The term ‘abuse or harmful environment
- Without permission from the court, removal of
- Lack of support of child education and well-being
These cases are carefully evaluated along with evidence.
Visitation & Parenting Time Arrangements
Where one parent has custody, the other parent has a structured visitation right.
The courts generally define:
- Weekly or Bi-Weekly Visits
- Holiday and school break arrangements
- Communication rights (calls, messages)
When the other parent denies access as ordered by the court, the other party may complain to the court.
Travel, Relocation & Passport Control Issues
Perhaps the most contentious custody issue in Dubai relates to travel with children.
The important rules include:
- A custodial parent may require approval from a guardian for international travel
- Additionally, the courts have the authority to impose travel bans to prevent child removal without consent.
- However, the relocation to another destination other than the UAE requires court approval
Travelling issues often arise in expat child custody cases and are strictly decided by the court.
Documents Needed for Custody Applications
Parents applying for custody orders typically prepare:
- Marriage certificate
- Children’s Birth Certificates
- Emirates ID and Residency Documents
- To prove housing and financial stability:
- Records from school and any medical records, if necessary.
This will ensure that the court has a comprehensive view of the case. Complete documentation will assist the court
When to Consult a Family Lawyer
Though many custody issues are settled through agreement, there might be disagreements about guardianship, visiting, travelling, and/or relocating.
In such circumstances, it is always recommended that parents discuss the matter with a family lawyer to understand their rights and the procedure that they need to follow in the UAE.
Also Read Helpful governmental articles, such as: UAE Personal Status Law
Conclusion
Child custody in Dubai is not based upon gender and tradition, as in other parts of the world. The UAE courts assess each case of child custody carefully, giving top priority to child well-being.
For Muslim as well as non-Muslim families, understanding how rules regarding child custody, guardianship, visitation, and travel apply can avoid confusion and enable parents to cope with this stressful time with clarity and confidence.
Frequently Asked Questions About Child Custody in Dubai
What is the difference between custody and guardianship in UAE law?
Custody refers to the daily care and upbringing of the child, while guardianship relates to financial responsibility and major decisions such as education, travel, and documentation.
Who gets child custody after divorce in Dubai?
In Dubai, custody is usually granted to the mother for young children, while the father remains the legal guardian. However, the court decides custody based on what is in the child’s best interests and may adjust this depending on the circumstances.
At what age does child custody change from mother to father in the UAE?
Traditionally, boys remain in the mother’s custody until age 11 and girls until age 13. After these ages, the court may transfer custody to the father unless it determines that remaining with the mother is better for the child.
Can a mother travel with her child without the father’s permission in Dubai?
In many cases, the guardian’s consent is required for international travel. If there is a dispute, the court may impose travel restrictions or require prior approval before the child can leave the country.
How does child custody work for expatriate families in Dubai?
Expat parents may request the court to apply the custody laws of their home country, provided those laws do not conflict with UAE public policy and still protect the child’s welfare.
Can child custody be taken away from a parent in the UAE?
Yes. Custody may be transferred if there is evidence of neglect, abuse, remarriage affecting the child’s stability, or inability to provide proper care.
What happens if one parent refuses visitation rights in Dubai?
The affected parent can file a complaint with the court. UAE courts strictly enforce visitation orders and may impose penalties for non-compliance.
How do UAE courts decide child custody for expat families?
Expat parents may request the application of their home country law, provided it does not conflict with UAE public policy and protects the child’s welfare.
Do I need a lawyer for child custody in Dubai?
While some cases are resolved amicably, legal guidance can be helpful when disputes arise over guardianship, visitation, travel, or relocation.
