In the UAE, the affairs of a child after the divorce of the parents are determined based on the applicable family law. The UAE has three family Laws that may be applied to the case, as per the religion and the applicable jurisdiction of the parties involved. These laws are listed below:

1. Federal Decree Law No. 41 of 2024 concerning personal status and applicable to Muslims in the UAE, both locals and residents (“Personal Status Law”)
2. Federal decree Law No. 41 of 2022 concerning personal status of non-Muslims in the UAE except Abu Dhabi (“Federal Civil Status Law”)
3. Abu Dhabi Law No. 14 of 2021 concerning personal status of non-Muslims in Abu Dhabi (“Abu Dhabi Law”)

 

Rights of the father Under the Personal Status Law

 

1. Guardianship

Under the Personal Status Law, the father is generally appointed as the guardian over his children. As a result, he is responsible for overall care of the child. He is also responsible for the child’s discipline, and orientation. He is key in taking important decisions in the life of the child. As the financial provider for the child, he is required to provide for the child, within his means.

2. Visitation Rights

Although the father may not obtain physical custody of his children, he has the right to visit the children. If the custodian mother tries to hinder this right, the husband can obtain a court order in this regard and ensure that he is able to visit the children even multiple times a week, provided that it is not against the best interests of the children.

3. Custody Right in Case Mother is Disqualified to be a Custodian

Although the mother is generally given custody over the children, there may be instances where she is disqualified from custodianship. In such instances, the father obtains the right to custody over the children. The mother may be disqualified to be a custodian in the following instances:

1. Below the age of 18
2. If the mother is found to lack sanity
3. If the mother is unable to raise the children in an appropriate manner, care for them or supervise them
4. If she is married to man whose presence may be considered to be against the best interests of the children
5. Suffering from an infection disease or poses a threat to the children’s health
6. Addiction to drugs, alcohol or other psychotropic substances
7. Of a religion different from the child and the court determines that living with the mother is against the best interests of the child.

4. The Right to stop the mother from relocating the children away from him

The law has laid down clear provisions that the custodian mother must not attempt to move the children to a location that hinders the rights of the guardian father.

5. The right to travel with the children

The father has the right to travel with the children multiple times a year, provided that the total period does not exceed 60 days. The 60-day limit may be extended if the travel is in the interest of the children, or due to a valid reason. If the custodian mother refuses to grant consent, the father may obtain a court order in his favour.

6. The right to hold the passport of the children

It is the father’s right to hold the passport of the children, provided that the court does order that the custodian mother is to keep the passport in the best interest of the child.

 

Rights of the father under the Federal Civil Status Law and the Abu Dhabi Law

Under the personal laws for non-Muslims, the father and the mother have equal rights over the children. In the event of a divorce, the parents obtain joint custody of the children until the children turn 18 years of age. In case of any disagreements in the affairs of the children, both the father and the mother have the right to approach the courts for a decision.

Parental rights are an important aspect of family law in the UAE. Although the mother generally obtains physical custody over the children, the UAE laws emphasize the importance of the presence and active involvement of the father in the lives of the children. This is further seen in the penalties proposed in the Laws in case a custodian attempts to hinder the rights of the father.

Disclaimer:

The above information might not apply if both parties are non-Muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link

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