Child Custody Laws in the UAE: What Parents Need to Understand

Child custody disputes can be emotionally charged, especially for expat families navigating an unfamiliar legal system. In the UAE, child custody laws are designed to protect the welfare of children while balancing the rights and responsibilities of both parents. However, the rules can differ depending on religious background, nationality, and whether the couple is governed by UAE law or their home country’s legal framework.

This guide breaks down how custody decisions are made, what the terms “custodian” and “guardian” mean, and how parents can prepare for a fair and child-centered outcome.

1. Custody vs. Guardianship: What’s the Difference?

In UAE law, custody and guardianship are distinct roles:

Custodian: Typically the parent who looks after the child’s daily needs (e.g., food, education, health care, living arrangements).
Guardian: The parent responsible for the child’s legal and financial decisions, including signing official documents or managing inheritance matters.

Usually, the mother is awarded custody, and the father retains guardianship. However, courts can assign either role to either parent based on the child’s best interest.

2. Legal Framework for Custody

The applicable laws include:

Federal Law No. 28 of 2005 (Personal Status Law) for Muslims
Federal Decree-Law No. 41 of 2022 for non-Muslim expats

The law aims to maintain stability and consistency in the child’s life and prioritizes the emotional, physical, and educational well-being of the child over any automatic parental entitlement.

3. Custody Age Limits

Under UAE law, the mother is typically granted custody of:

Boys until age 11
Girls until age 13

After these ages, the father can request custody, and the court will reassess based on:

The child’s preferences
Living conditions of both parents
Each parent’s ability to provide care and stability

Courts are flexible and consider exceptions if it serves the child’s best interests.

4. Factors the Court Considers

Custody is not automatically granted to either parent. Courts assess:

The emotional bond between child and parent
Each parent’s moral character
Financial ability to provide stable living conditions
Physical and mental health of the parent
Educational and cultural continuity for the child

Evidence, such as witness testimonies, school reports, and medical records, may be used to support custody claims.

5. Shared or Joint Custody

Joint custody is not the default in UAE courts but is possible in:

Amicable divorces where both parents agree to co-parent
Cases where the judge believes shared custody supports the child’s development

In some emirates, particularly under recent reforms for non-Muslims, joint custody may be encouraged unless one parent is deemed unfit.

6. Visitation Rights for the Non-Custodial Parent

The non-custodial parent is entitled to regular and reasonable visitation unless restricted for safety reasons. The court typically specifies:

Visitation schedules (e.g., weekends, holidays)
Supervision requirements (if any)
Contact methods (phone, video calls, etc.)

If either parent violates the visitation agreement, legal action can be taken to enforce compliance.

7. Changing Custody Orders

Custody is not a permanent arrangement and can be revisited. A parent may apply to change custody if:

The custodial parent is neglectful, abusive, or remarries under certain conditions
The child expresses strong opposition to current arrangements
The child’s living conditions deteriorate

The court must be convinced that the proposed change benefits the child.

8. Custody for Children of Different Nationalities

For expat families, courts consider cultural, educational, and lifestyle factors. If the parents are from different countries, custody decisions may also factor in:

Plans for relocation
Religious upbringing
Language and schooling preferences

Courts may allow application of foreign laws, but only if they align with UAE public policy and the child’s well-being.

9. International Custody Disputes

If one parent attempts to leave the country with a child without consent or court approval, this may be considered child abduction under UAE law. Travel bans may be imposed on the child to prevent international custody conflicts.

In such cases, legal counsel should be sought immediately to avoid serious consequences or permanent relocation issues.

10. Legal Support and Mediation

UAE courts often encourage parents to settle custody matters through:

Family guidance mediation: A pre-trial effort to reach agreement
Legal representatives: Who help negotiate child-centered solutions
Court-appointed experts: To assess the child’s needs and advise the judge

Reaching a mutual agreement, with court approval, generally results in smoother co-parenting arrangements.

Conclusion: Focus on the Child First

Child custody matters in the UAE are governed by clear legal principles designed to protect children above all else. Whether you’re negotiating custody as part of a divorce or resolving a dispute with a co-parent, understanding the laws—and your rights—can help you build a case that aligns with the child’s best interest.

The process can be emotionally and legally complex, but with informed legal guidance, parents can navigate custody confidently and constructively.