Factors Influencing Child Custody Decisions in UAE Courts

DUBAI, UAE - Sept. 25, 2023 - PRLog -- Child custody decisions in the UAE are multifaceted, influenced by various religious and legal considerations, especially when it comes to child custody in UAE. These factors can differ for Muslim and non-Muslim parents.

Child Custody Under UAE Personal Status Law for Muslim Parents

For Muslim parents, child custody in UAE falls under the governance of UAE Personal Status Law, considering several key factors:

1. Parental Capability in Child Custody in UAE: The court assesses each parent's ability to provide a safe, stable, and nurturing environment for the child.

2. Child's Age and Gender: The age and gender of the child play a key role in custody determinations. Typically, mothers are granted custody of male children up to the age of 11 and female children up to the age of 13.

3. Religious Compatibility: Muslim mothers must share the same religion as the child unless the court decides otherwise in the child's best interest provided the period of custody ends upon the child completing the age of five whether the child is a boy or a girl.

Child Custody Under Federal Decree-Law No. 41/2022 for Non-Muslim Parents

Non-Muslim parents in the UAE follow Federal Decree-Law No. 41/2022, which emphasizes child custody in UAE through joint custody:

1. Joint Custody: Federal Decree-Law No. 41/2022 emphasizes joint custody, with both parents sharing equal responsibility for raising the child after divorce.

2.  Exceptional Cases: Joint custody may be reconsidered if one parent poses a threat to the child or fails to fulfil their duties as a custodian. In such cases, the court has the authority to modify custody arrangements. However, the court can intervene if it deems one parent unfit or if joint custody is not in the child's best interest.

3.  Court Intervention: When parents disagree on custody matters, either can submit an application to the court for resolution. The court's decision prioritizes the child's best interests.

Child Custody Under Abu Dhabi Law No. 14/2021 for Non-Muslim Parents

1. Joint Custody: Custody is considered a joint right of both parents after divorce, with the aim of raising the child with equal involvement from both parents.

2. Dispute Resolution: Disagreements regarding joint custody can be brought before the court, which will decide what is in the child's best interest.

3. Child's Preference: If a child is 12 years or older and desires to remove one parent from joint custody, they have the right to do so, provided it is in their best interest.

In conclusion, child custody decisions in UAE courts aim to ensure that children have a stable and nurturing environment, even in the challenging situation of divorce.

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Dr. Hassan Elhais
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Tags:child custody in UAE
Location:Dubai - Dubai - United Arab Emirates
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