Child Custody after Divorce in the UAE

1
Child Custody after Divorce in the UAE

• HHS Lawyers and Legal Consultants

2
Defining Custody

• Divorce happens. But conflicts that result over
  child custody add immeasurably to the already
  emotionally charged and tense atmosphere for
  parents, children and other stakeholders
  concerned. This is where the UAEs constantly
  evolving Personal Status Law comes into play.
• According to Article 142 of the Personal Status
  Law of the UAE, custody is defined as keeping,
  bringing up and taking care of the child without
  interfering with the right of the guardian of the
  person.

3
Differentiating between Custodianship and
Guardianship

• Although both fall under the umbrella of child
  care, the difference between the two deals more
  with scope rather than intent. While a Guardian
  must provide for the child financially and be
  responsible for major decisions regarding his
  life (education, marriage, immigration, etc.), a
  Custodian is the more present and routine carer
  for the child, taking care of his/her everyday
  needs. Typically, the former is the father while
  the latter is the mother. 

4
The Law on Custody

• These laws are constantly evolving and increasing
  in scope and application to make them as
  comprehensive and relevant as possible. The
  childs best interests are of utmost importance
  in the eyes of the law and courts when dealing
  with custody cases.
• According to Article 146 (7) of the Personal
  Status Law, Both the father and mother may seek
  the custody of the child if they have a dispute
  and the mother has left the conjugal house even
  if their conjugal relation is still existent. The
  judge shall decide on their application depending
  on the childrens interest. 

5
Letter of the Law

• According to Article 156 (1) of the UAE Personal
  Status Law, The custody awarded to women shall
  terminate upon the child reaching the age of 11
  years, if a male, and 13 years, if a female,
  unless the court deems extending this age to the
  age of maturity, for the male, and up to her
  marriage, for the female, is in his/her best
  interest.

6
Different laws for male and female children

• In simpler terms, the law fundamentally
  differentiates between custody of the two
  genders. In the case of a male, the law dictates
  that the custody of a male child will be awarded
  to the mother until he reaches the age of 11.
  Flexibility is built into this law and dictates
  that individual circumstances and situations are
  taken into account when determining whether or
  not this period of time will be extended. 
• The mother is also granted custody of a female
  child or children, but for a slightly more
  extended period, i.e., until the girl reaches the
  age of 13. After this time, as in the case of the
  male child, the case is examined carefully to
  determine whether or not the period can or cannot
  be extended. 

7
Factors are taken into account

• Religion of the Parent 
• Local courts prefer to grant custody to the
  parent who professes the same religion as the
  child, in case of inter-religious marriages. 
• Income and Marital Status of Parent
• The court also takes into account the
  socio-economic standing and marital status of
  each parent before making a final decision
  regarding custody. Although discretionary, the
  Judge may deny custody to the mother if she has
  remarried. 
• Residency Status
• When divorced parents live or plan on living in
  different countries, the responsibility of the
  Court increases manifold as custody rights will
  determine which child-parent relationship is
  fated to be long distance.  
• Mental Well-Being and Competence of Parents
• Rulings of competence are subject to the
  discretion of the presiding Judge. He is likely
  to include immoral and/or un-Islamic behavior as
  constituting incompetence. Mental well being, on
  the other hand, takes into account the mental
  health of each party concerned and the childs
  best interests.

8
Defining Maintenance

• Fathers, by law, are responsible for child
  maintenance irrespective of the financial
  standing of either party (mother or father). The
  court takes into account the cost being incurred
  for the daily needs of the child that include
  education, sustenance, travel, clothing and even
  maids, if applicable. It then decides an
  appropriate amount to be paid for the purpose of
  maintenance. This is often one-third of the
  fathers income. 
• Rules Applicable to Expatriates
• Non-Muslim expatriates can request for the
  Personal Law of their home countries to be
  applied to child custody cases. This requires
  those laws to be legally translated and
  interpreted in totality by the Judge.

9
When Disputes Arise

• When divorce cases are acrimonious, it almost
  always sets the tone for contested child custody.
  When this occurs, Article 146 (6) dictates that
  The mother shall have the right of her
  childrens custody in case of a dispute over the
  custody unless the judge decided otherwise for
  the childs interest. 
• When all is said and done, when life gives you
  lemons, consult a qualified child custody lawyer!

10
Contact Us

• Source URL - https//hhslawyers.com/blog/child-cus
  tody-after-divorce-in-the-uae/
• Phone  [phone]
• Email  info_at_hhslawyers.com