Child custody in the UAE is mainly governed under the Federal Law No. 28 of 2005 on UAE Personal Status. The law primarily highlights the rights and responsibilities of parents towards the child. They outline who has the right for the child and under what circumstances and conditions, and custody settlements.
Traditionally, the child custody of a minor child is given to the mother. On the flip side, the guardianship is granted to the father of the child. The father takes care of the education, shelter, food, clothing, healthcare, and even legal matters if any.
However, there are some instances where the custody of the children is fully given to the father. This is granted depending upon the best interests of the child.
The legal Grounds to Seek Sole Custody for fathers:
The UAE family law explains the custody decision. It is mainly based on the welfare of the child. The fathers are granted sole custody when the mother is unable to fulfill the duties. It may happen in case of the mother’s prolonged illness, sickness, absence, negligence, or proven misconduct.
In this scenario, the UAE courts will carefully analyze the whole situation. They will evaluate the case and consider the child’s safety and wellness accordingly. They will also account for the crucial factors like education, and emotional and mental well-being. UAE family law is well defined by legal experts, and these legal experts have to be always licnesed professional lawyers.
The UAE legal framework for the father’s sole custody:
The Federal Decree-Law No. 41 of 2022 mainly applies to non-Muslims residents. The law has brought new reforms regarding family matters, especially regarding child custody issues. According to the framework, custody is usually shared between the mother and the father.
However, if the petition for sole custody is submitted, then the UAE family court’s discretion will be in place. The fathers can apply for full child custody. However, the father must prove in court that the joint arrangement is dangerous or harmful to the child’s safety and well-being.
Under these circumstances, the UAE family courts will be examining each application on a case-by-case basis. They will prioritize the best interest of the child.
Factors affecting the custody decision in the UAE:
The UAE family Courts will be considering certain critical issues in Custody Decisions. In case the father seeks for sole custody, the UAE courts will be reviewing various aspects. They will account for the following factors:
- Child’s age,
- Healthcare facilities for the child,
- Schooling and education setting,
- Emotional and mental stability,
- The ability of each parent to provide proper care
The Federal Law No. 28 of 2005 specifies that the custodian of the child should be mindful, mature, honest, and capable of raising the child. Moreover, the judges and juries will also consider the factor of whether the father can offer a safer and secure living environment for the child or not.
Normally, sole custody cases are highly sensitive in nature. They require the assistance of professional family lawyers in Dubai. They have a deeper understanding of the federal laws and the emirate-level local regulations.
Difference between Guardianship and Custody:
It is essential to distinguish between the two terms, guardianship and custody. The UAE family law segregates the two concepts.
Guardianship refers to the legal representation, financial support, and the pivotal role in major decision-making that impacts the child’s future and betterment. Fathers are usually the guardians of the children by default.
On the contrary, the custody refers to the day to day upbringing of the child. It is related to the physical care of the child. The mothers are given the sole custody of the minor children.
In case the fathers want to get sole custody, they must be granted it via legal recourse. The distinction is often complicated and also gives rise to disputes over family matters. Therefore, it is advised to seek the services of a well-trained family attorney in Dubai.
They provide the legal guidance on sensitive matters and also carefully handle the crucial familial issues with due diligence and caution.
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Modification and Termination of Custody Rights:
Nonetheless, the custody rights in the UAE are not permanent. They can easily be modified with court intervention, according to the circumstances. For instance, if the parent with custody is found negligent of their duties or endangering the child, the custody status will be transferred.
Article 152 of the Personal Status Law permits either parent to request a change in the best interest of the child. The fathers can obtain the sole custody of the child.
The UAE family courts retain the discretion to review father sole custody cases in the UAE. They will intervene in the sole custody arrangements to ensure the welfare of the child.
Here, the role of law firms in Dubai is prominent. The fathers who want to seek sole custody must involve family lawyers in Dubai.
They will assist in presenting the evidence and also help with legal arguments. They will give a counterargument as to why custody should be awarded to the father.
UAE family law is complex in nature. This often requires careful documentation, legal representation, and negotiation. Well-learned attorneys in Dubai will prepare to justify the petition in this regard. They will also gather the evidence and navigate through the court procedures.
