Child Custody and Visitation Rights in the UAE

Professional Lawyer

Find out how #UAElaw handles #childcustody and visitation rights, including the #legal obligations of parents and the right of a kid to make their own decisions beyond the age of 15. Visit us @ https://www.professionallawyer.me/legal-articles/family-law/child-custody-and-visitation-rights-in-the-uae

Transcript

00:00Child custody and visitation rights in the UAE

00:02The United Arab Emirates has emerged as a multicultural global city

00:07with people from various countries, religions, and belief systems.

00:12The country continuously works towards building a land

00:14where these communities can grow and thrive.

00:17This is reflected in the legal landscape of the country

00:20that has undergone numerous changes in the last few years.

00:24What is the law governing family and personal matters in the UAE?

00:27The UAE family law comprises personal laws for Muslims and non-Muslim.

00:33The personal status law governing Muslims is stipulated

00:35under Federal Decree Law No. 41 of 2024, Personal Status Law.

00:41The law is based on Sharia principles

00:43and is applicable to both locals and expatriates in the UAE.

00:47The Federal Decree Law No. 41 of 2022, Federal Civil Status Law,

00:52governs non-Muslims in the country except in Abu Dhabi,

00:55where a separate law, namely Abu Dhabi Law No. 14 of 2021,

01:01Abu Dhabi Civil Status Law,

01:02governs the non-Muslims belonging to that jurisdiction.

01:06What is the child custody law in the UAE?

01:09Personal Status Law

01:10Under the Personal Status Law, Child Custody,

01:14post-a-divorce involves specific roles for mothers and fathers.

01:19Mothers are generally made custodians of the children

01:21until children reach the age of 18.

01:24As a custodian, a mother is required to ensure the day-to-day care

01:27and well-being of the children.

01:29Consequently, children at this age live with their mother.

01:33On the other hand, fathers are given guardianship over the children.

01:37Guardians are to bear the financial responsibilities of the children

01:40and help in key decision-making.

01:42Under the Personal Status Law,

01:45children have a right to choose the parent that they want to live with

01:48once they reach 15 years,

01:50provided that the court does not deem such choice

01:53to be against the well-being of the children.

01:56Civil Status Law

01:57The Federal Civil Status Law

01:59and the Abu Dhabi Civil Status Law

02:01both provide for joint custody of children

02:03in case of divorce of the parents.

02:05Consequently, both parents are given equal rights and duties over their children.

02:09Both the father and the mother must contribute to the day-to-day care

02:13and well-being of the children,

02:15as well as their financial responsibilities.

02:18Parents may decide on how to bifurcate this responsibility.

02:22If they are unable to agree to the terms and conditions of joint custody,

02:25they may seek the help of the court.

02:28The right to joint custody can be waived by one of the parents.

02:31Parents may also be disqualified from custody over the child

02:34due to various factors as stipulated by law.

02:36In such cases, the other parent will have sole custody of the child.

02:41Can a custodial parent stop the other parent from visiting the children?

02:45Although parents are given distinct roles in the lives of the children,

02:49the law is clear that both parents have a right to visit

02:52and spend time with the children who do not live with them.

02:55This is clearly stipulated under Article 121 of the Personal Status Law.

03:00The article states that if the child is in the custody of one parent,

03:05the other parent has the right to visit, spend time with,

03:08and take the child along for overnight stays.

03:12According to what is mutually agreed between the parents,

03:15if the parents are unable to agree upon a visitation schedule,

03:18the court will design a schedule as per the best interests of the children.

03:22In case the custodian parent does not allow the other parent to visit,

03:26the court has the right to implement the decision by force.

03:30In case of civil status law, Article 10 clearly states that children have the right

03:35to not have either parent solely dominating their raising and seeing

03:39in order to preserve the psychological health of the child in custody

03:42and limit the effects of divorce on the children.

03:45The Cabinet Decision No. 122-2023 on the Implementing Regulation of Federal Decree Law No. 41-2022

03:54gives clear guidelines to govern the visitation rights of the non-custodial parent.

03:59The UAE laws regarding child custody are based on the principle of

04:03best interests of the child.

04:06This principle is also followed by the court while interpreting the laws

04:10and issuing judgments involving children.

04:12It is important for both parents to be involved in a child's life

04:16to ensure their holistic development.

04:19Therefore, both the law and the court precedents ensure that divorced parents

04:24set aside their hostilities and participate in their children's lives.

04:29For more of our latest updates, like and subscribe to this channel.

Category

Transcript

Be the first to comment

Recommended