The Legal Firm's Role in Achieving Fair and Just Child Custody Outcomes

By: Dr. Hassan Elhais
DUBAI, UAE - March 2, 2024 - PRLog -- Navigating the complexities of child custody proceedings can be a challenging task for parents undergoing divorce or separation, especially in the UAE where custody arrangements are governed by complex legal frameworks, including Federal Law No. 28/2005 On Personal Status Law and Federal Decree-Law No. 41/2022 on Civil Status Law.

In the UAE, child custody proceedings are guided by laws aimed at safeguarding the best interests of the child while ensuring fairness and equality for all parties involved. Legal firms specializing in family law recognize the importance of understanding and navigating these laws to achieve favourable outcomes for their clients.

Federal Law No. 28/2005 On Personal Status Law, applicable to Muslim parents, outlines custody arrangements based on the child's gender and age. Typically, the mother is granted custody until the child reaches 11 years of age for a boy and 13 years for a girl, with the father assuming the role of guardian under Muslim law.

For non-Muslim parents, Federal Decree-Law No. 41/2022 emphasizes joint custody and equal parental responsibility. This law mandates that both parents contribute equally to raising their children unless there is a dispute, with custody arrangements determined based on the child's best interests.

Under Federal Decree-Law No. 41/2022, custody remains joint until the child reaches 18 years of age, after which they may have the right to choose their custodian. Moreover, if one parent subjects the child to an inappropriate environment, the other parent may have the right to request the removal of the harmful parent.

In the Emirate of Abu Dhabi, Law No. 14/2021 on Civil Marriage further underscores the shared responsibility of child-rearing between parents, emphasizing joint and equal custody rights for both non-Muslim parents. Disputes between parents can be resolved through court intervention, with the child's best interests serving as the guiding principle.

As custodial arrangements significantly impact the lives of children and parents, legal firms play a crucial role in guiding parents through the complexities of custody disputes, offering expert legal advice, representation in court proceedings, and advocating for outcomes that promote stability, agreement, and the best interests of the child in the UAE. Through comprehensive assistance and strategic guidance, these firms contribute to the establishment of custody arrangements that prioritize the well-being of the child and foster healthy relationships between parents.

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Source:Dr. Hassan Elhais
Tags:Child Custody
Location:Dubai - Dubai - United Arab Emirates
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