Custodial Rights of Children in UAE – Professional Lawyer .pdf
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Custodial Rights of Children in UAE
Custody is the single most important and argued term in the event of a divorce. The
principles of custody in Shariah are different and surprisingly more favorable to the
mother as compared to other forms of jurisdictions.
In shariah it is also important to distinguish between the custodian and the guardian.
The custodian is in most cases the mother and the guardian, the father. In most cases the
mother will become the ‘custodian’ of young children, for boys till the age of 11 years
and for a girl till the age of 13 years, and the father the ‘guardian’. The obligations of the
custodian, mostly the mother are set out in the law and revolve around being responsible
for the child’s needs, both physical and emotional.
Custody can be withdrawn from a parent for various reasons, all of which should in some
way or the other be harmful to the child and detrimental to child’s upbringing. The
courts in the UAE primarily look at the betterment of the child when making such
If the mother is the custodian of the child, the father is still, in his capacity as the
guardian, still responsible for the child’s financial needs and needs to pay towards his
child’s maintenance. The mount of the maintenance is decide by the courts based on the
income of the father and can change when the need arises.
Another important thing to note when it comes to custody is the jurisdiction that the
custody shall be applied for. Foreign Orders issued by courts outside the UAE are not
always enforceable in the UAE because the UAE considers children in its borders and
jurisdiction to be their responsibility and take it upon themselves to insure that the best
decisions are made for the children. Hence, child custody in the UAE should always be
applied for through the UAE courts.
Our attorneys have spent years studying and practicing the laws pertaining to the UAE
and applying them to cases. This has given us a firm grasp on a plethora of issues which
can affect custody and which need skill and experience to contract. For years our clients
have benefitted from this experience and have seen results that reflect pour hard work
and knowledge of this field of law.