Mutual Divorce & Child Custody Laws & Regulations in the UAE

Mutual Divorce & Child Custody Laws & Regulations in the UAE

When we talk about laws and regulations in the UAE, it is important to note that the laws and punishments are pretty strict in UAE. And strict adherence to them is paramount regardless if you are an expat or a local resident. 

This is when we focus on the laws regarding child custody after parents’ divorce; the only focus is to provide for the child’s wellbeing. All the laws and concerning objectives ensure a child’s wellbeing and protection at all times. 

Before moving toward the laws and what they actually mean, let’s understand the accurate description and details that help understand the process. The custody law in the United Arab Emirates covers and explains guardians and custodians. According to the law in UAE, the child’s father is considered the guardian, whereas the mother is the custodian. With the mother being the custodian, the ultimate physical care and custody of the child ultimately favor the mother in most cases. 

But this doesn’t mean that fathers cannot have custody of their children, and they do get it by requesting and challenging the custody of a child in court. For this, the legal consultant Dubai will make the requests with all the valid documentation and support visitation that leads to parental custody of the child. 

Child Custody Law in Dubai, UAE

In the law of Dubai, child custody is a paramount issue and must be dealt with carefully with all the precautions and protection measures. The UAE law for child custody gives both mother and father the equal right and custody of a child after the divorce. 

A guardian will be responsible for raising their child under the custody legislation. This is where the guardian has to provide for education, healthcare, living, etc. the needs and duties may vary according to the settlements being made between the mother and father. 

Moreover, a mother as the custodian will be given the primary custody and care of the child as described in the law of the United Arab Emirates. However, the general perception and opinion are that mothers usually win the case considering their favor as their primary custodian of their child. 

Mutual Divorce & Child Custody 

The courts in the UAE follow the best practice to give fair and legal treatment to the parents. However, the intentions are strongly aimed at considering the protection and wellbeing of children. This is where a set of certain requirements have been made that must be met by the mother or father to claim the custody of a child. These conditions mainly center on the parent’s ability to nurture the child with great and effective care, be free from any contagious disease, not a drug addict, don’t drink often, and adhere to all the legal obligations that the court asks for of them. These are some of the provisions that come or fall under consideration by the courts in Dubai, UAE, for a child custody case. With this being said, here are some of the provisions that must be focused on under mutual divorce for child custody;

  • The custodian will provide the daily care of a child. The age group is defined as 11 maximum for the boys and 13 maximum for the girls. 
  • It is clear that the custodians can never infringe on the guardian’s rights. 
  • Another provision under mutual divorce is that the father is always responsible for providing the necessities of a child. This includes all the expenses that are for food, education, healthcare, and other important essentials. 
  • In a mutual divorce, the roles and duties of guardians and custodians differ from each other. They can treat their child with their own set of values, and no party can refrain the other from the meeting. 
  • As for the custodian, the mother, she must be honest, mature, free from all sorts of contagious diseases, criminal records, rational, etc. 

Child Custody Agreement 

Several factors come under consideration in a child custody agreement. Some of them are;

  • Custody rights will determine the custody of a child. 
  • Visitation rights generally are for fathers. It might change in some categories. 
  • Financial settings and obligations are considered and finalized.
  • Travel considerations are also being made in this agreement. If traveling focuses on the outside of the UAE, certain rights must be determined. 

The Final Takeaway

Certain parental rights for child custody in mutual divorce in Dubai are Shariah-compliant as they are designed under the Shariah Law. The custodian receives the possession of a child after the divorce; however, the guardian, that is, the father, will be able to visit the children on the allowed dates as authorized by the court in Dubai, UAE. 


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