Divorce is difficult enough, but when children are involved, emotions and questions multiply. If you’re a parent in the UAE, you’ve probably wondered:

• Who gets custody after divorce? 
• Does it matter if you’re Muslim or non-Muslim? 
• Can I move abroad with my child? 
• What about expenses and support? 

The UAE has worked to make its family laws more modern and parent-friendly in recent years, especially for expatriates. Still, custody rules can feel confusing because they depend on your religion, which emirate you file in, and the specific needs of your child.

This blog breaks down everything you need to know about child custody laws in the UAE — in plain language — so you can approach the process with clarity.

The Big Picture: Custody vs. Guardianship

Before we dive into the details, let’s clear up one important distinction:

• Custody: This is about day-to-day care — where the child lives, who they spend most time with, and who looks after their daily needs. 
• Guardianship: This covers broader responsibilities like education, healthcare, travel permissions, and managing the child’s finances. 

In many cases, one parent may have custody while the other remains the guardian. But the rules differ depending on whether you’re Muslim or non-Muslim.

Custody for Muslim Parents

Muslim families are generally governed by Federal Law No. 28 of 2005 (the UAE Personal Status Law), which is based on Sharia principles.

Who Gets Custody?

Traditionally, mothers are favored as custodians of young children, especially in their early years. Fathers typically retain guardianship, meaning they make major decisions and are financially responsible for the children.

But — and this is important — custody is never automatic. Judges always ask: “What is in the best interests of the child?”

This means a mother may keep custody longer if the child needs stability, or custody may shift to the father if circumstances require it.

Age Guidelines (But Flexible)

While the law has suggested age cutoffs in the past (e.g., boys up to 11 and girls up to 13 with the mother), courts today rely less on rigid ages and more on what best serves the child.

Financial Responsibility

The father remains responsible for child support, including housing, schooling, and daily expenses. This holds even if the mother has custody.

Custody for Non-Muslim Parents

For non-Muslims, the UAE has introduced a modern civil personal status law (Federal Decree-Law No. 41 of 2022) that looks very different from the Muslim framework.

Joint Custody is the Default

The biggest change is that joint custody is the starting point. Unless the court finds a strong reason to do otherwise, both parents share custody equally until the child turns 18.

This means both parents are expected to be actively involved in the child’s upbringing. Decisions about schooling, healthcare, and living arrangements should be made together.

When Sole Custody is Granted

If joint custody causes harm — for example, if one parent is abusive, unfit, or unable to provide proper care — the court can award sole custody to the other parent. The guiding principle is always the child’s welfare.

Equal Standing in Court

Non-Muslim mothers and fathers have equal rights before the court. Testimony is treated the same, and neither parent has an automatic advantage.

Abu Dhabi’s Fast-Track Custody System

If you live in Abu Dhabi and you’re non-Muslim, custody disputes fall under the Civil Family Court, which was established to give expats a simpler process.

Here’s what makes Abu Dhabi unique:

• Divorce and custody are often handled together. 
• Divorce can be granted at the first session. 
• Custody defaults to joint custody unless challenged. 
• Hearings can be remote, making the process less stressful. 

For many expat families, Abu Dhabi’s system feels closer to Western legal standards.

Travel, Relocation, and Custody

One of the biggest concerns for parents after divorce is: “Can I move abroad with my child?”

The Short Answer: Not Without Court Approval

Even if you have custody, you usually cannot relocate outside the UAE with your child without either:

• The consent of the other parent (guardian), or 
• A court order allowing relocation. 

If one parent fears the child might be taken abroad without permission, they can apply for a travel ban.

Holidays and Travel

Day-to-day travel (like vacations) often requires the guardian’s approval. Courts may spell out detailed visitation and travel schedules in the custody order to avoid conflict.

Child Support and Expenses

Custody goes hand-in-hand with financial responsibility.

• Muslim families: The father is legally required to provide financial support. This includes housing, education, clothing, healthcare, and other living costs. 
• Non-Muslim families: Because joint custody is default, both parents may share financial responsibilities, but courts can order specific payments to ensure children are properly supported. 

Courts consider income, lifestyle, and needs when setting support amounts. Documents like salary certificates, school bills, and housing leases play a big role.

Can Custody Change Later?

Yes. Custody orders are not always permanent. If circumstances change — for example, if a custodian becomes unfit, remarries, or moves away — the other parent can apply for custody to be modified.

Courts are flexible because children’s needs evolve as they grow.

Document Checklist for Custody Cases

If you’re preparing for a custody case, here’s what you should have:

• Passports & Emirates IDs for you and your child 
• Attested marriage and birth certificates 
• Proof of residence in the UAE 
• School records or medical records (if relevant to the child’s welfare) 
• Financial documents (salary slips, bank statements, leases, bills) 
• Any existing custody or divorce agreements 

Being organized makes it easier for the court to make quick decisions.

How Long Does a Custody Case Take?

Timelines depend on whether the case is contested:

• Agreed custody: If parents agree, the court can issue an order relatively quickly (weeks rather than months). 
• Contested custody: If parents disagree, hearings, evidence, and expert reports may extend the process. 

Non-Muslim cases in Abu Dhabi are usually the fastest. Muslim custody disputes can take longer, especially if they involve evidence and family guidance.

Practical Tips for Parents

• Put your child first. Judges see through petty disputes. Focus on stability, schooling, and health. 
• Negotiate when possible. A custody agreement you both sign and present to the court is usually better than months of litigation. 
• Plan for the future. Custody orders often include school arrangements, holiday schedules, and travel permissions. Think ahead, not just about today. 
• Keep good records. If you’re paying or receiving support, keep receipts, transfers, and bills. 

FAQs About Child Custody in the UAE

Can mothers lose custody if they remarry?
For Muslim families, remarriage can affect custody, but it’s not automatic. Judges consider the child’s best interests. For non-Muslims, joint custody usually remains intact.

What happens if one parent lives abroad?
The UAE court still has jurisdiction if the child resides here. Remote hearings and digital filings are possible.

Do children get a say?
In some cases, older children’s preferences may be considered, but the judge always decides based on welfare.

Is joint custody always 50-50 time?
Not necessarily. Joint custody means shared responsibility, but the exact schedule depends on the court order or parents’ agreement.

Final Thoughts

Child custody in the UAE is built around the best interests of the child.

• For Muslim families, custody often goes to the mother in early years, while fathers provide financial support. 
• For non-Muslim families, joint custody is the default — a big shift toward equality. 
• In Abu Dhabi, non-Muslims benefit from one of the fastest, most modern systems in the region. 

If you’re facing a custody issue, the most powerful step you can take is to prepare well — gather your documents, think realistically about your child’s needs, and, if possible, reach an agreement with your co-parent.

At the end of the day, courts aren’t interested in punishing parents. Their priority is simple: to ensure children grow up safe, supported, and loved.