UAE custody laws present intriguing distinctions in the roles of mothers and fathers. These disparities are predominantly evident in the definitions of guardians and custodians. Under UAE custody law, the custodian, who actively possesses and nurtures the child, assumes responsibility for their day-to-day upbringing, care, and education.
In contrast, the child’s guardian actively provides financial support, makes crucial decisions about upbringing, and education, and oversees the child’s affairs. Normally, both parents raise the child. However, in the event of divorce, if an agreement on joint child custody cannot be reached in the UAE, the court intervenes to determine custody. One parent may assume both roles under the Khairallah Law Firm.
UAE custody law
Understanding Expat Child Custody Provisions within UAE Custody Law
Under UAE law, the child’s biological mother exclusively has the right to request physical custody. The father assumes guardianship and financial custody. Initially, child custody in UAE is granted to the mother until a specific age, after which the father can assert his claim. In cases of disagreement regarding complete custody of the child, the court intervenes, always prioritizing the child’s best interest under family law Dubai.
No matter it is boy or girl, a parent, who does not have a job or a car, is unlikely to win the custody battle sooner or later as he or she cannot meet the demands of the child. A woman can ask for the alimony in addition to the child . This approach can be applied to all possible situations. Failure to do by the norms of Custody law in UAE could be used by any woman, as divorce is a complex issue and non understandable phenomenon of life for many people. It is therefore imperative that parents seek a lawyer to understand the intricate requirements of UAE custody laws.
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UAE Child Custody Matters
In order to safeguard children’s rights, the UAE introduced Federal Law No. 3 of 2016 concerning minors’ rights, commonly referred to as Wadeema’s Law. Children remain under the purview of this law until they attain the age of majority. Article 39 of Wadeema’s Law stipulates that custody matters are solely determined by the child’s physical and psychological needs. Furthermore, the law outlines the situations in which a mother is obligated to ensure the welfare of her child under family law child custody.
Sharia law prioritizes the best interests of the child in custody disputes, ensuring their optimal development despite the stress of parental separation. If you require assistance with expat child custody in the UAE, our lawyers are available for consultation. They can provide you with comprehensive guidance on this matter under UAE custody law.
Child Relocation Under UAE Custody Law
The UAE Personal Status Law stipulates that a child may not be moved out of the UAE without the written consent of both parents. If the mother, who is usually the custodian, wants to transport the child, the father, typically the guardian, must consent. The guardian must also provide explicit permission for short trips. When the guardian does not concur, the custodian can appeal to the family courts for a decision. Finally, the Dubai cassation courts hold that the right to travel out of the UAE is a constitutional right. Only reasonable grounds restrict this right . Therefore, consult with a family law custody attorney to assist in understanding this labyrinth.
UAE custody law
Preventing Child Abduction
Child abductions frequently happen during family disputes, involving either leaving the UAE or entering it. If the parents are confirmed to be UAE residents and one parent abducts the child from the UAE, the resident parent can initiate a custody claim in UAE courts. After securing the custody order, they can proceed to file a criminal case for child abduction in UAE courts and subsequently request Interpol for extradition.
However, if the child has been abducted from another country into the UAE, several considerations come into play for the way forward. One option is to file an urgent application before the UAE courts to facilitate the return of the child to the parent. It’s important to note that the UAE is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Consequently, the country has its own laws pertaining to child abduction matters under UAE custody law.
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Legal Standing of Extramarital Children in the UAE
The new laws that came into effect in January 2022 brought optimism and comfort to many unmarried expatriate couples in the UAE. These laws essentially decriminalized consensual relationships outside of marriage, provided that any children born as a result of the relationship are recognized and receive proper care.
However, Article 1 of Resolution No. 3 of 2021 stipulates that either parent residing in the UAE may apply to the UAE Courts for the child’s birth certificate without impacting the declaration of paternity. Further details on the process for obtaining the child’s birth certificate are provided in Article 2 of the same resolution. The requirement of presenting a marriage certificate to register a birth, as it was previously, is no longer necessary under UAE custody law.
Conclusion:
UAE custody laws become more focused on ensuring children’s well-being in family disputes and establish precise criteria for custodial burden. New legislative trends indicate that the UAE cherishes children’s rights and does not differentiate between a child born in or out of a marriage. Consequently, a consultation with a Khairallah Law Firm counselor may help resolve this ambiguity.
