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    Child Custody after Divorce in Dubai, UAE

    Child custody after divorce in Dubai is governed by Federal Decree-Law No. (41) of 2024 and Federal Decree-Law No. (41) of 2022.

    Custody refers to the physical and emotional care of the child, and it’s different from guardianship, which covers decisions like education and travel.

    The custodian must be trustworthy, healthy, and able to raise the child. A custodian cannot travel with the child without the guardian’s approval, unless permitted by court order.

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    Child Custody After Divorce in Dubai

    In Dubai, child custody depends on the religion and nationality of the parents, as well as the child’s best interests.

    For cases where Federal Decree-Law No. (41) of 2024 applies, the custody rules are:

    • The custodian is responsible for daily care, upbringing, and emotional support.
    • The guardian handles major decisions such as education, medical consent, and religious guidance.
    • The mother is given priority in custody after divorce unless she is proven unfit.
    • The father retains guardianship, including financial decisions and legal consent for travel.
    • The mother can maintain educational guardianship, unless the court finds it’s not in the child’s interest.
    • Custody continues until the child turns 18, unless earlier revoked for legal reasons.
    • At 15 years, a child may choose to live with either parent—unless this is proven harmful.
    • A custodian must be of sound mind, morally fit, free of dangerous illnesses, and live in an environment suitable for the child.

    The custodian cannot travel with the child without the guardian’s approval, unless they obtain a court permit. The court may allow a maximum of 60 days per year, extended for treatment or urgent needs.

    The passport is typically held by the guardian, but the court may assign it to the custodian if the guardian obstructs the child’s travel rights.

    If the custodian is not a parent, both parents (or the surviving guardian) must give written consent for travel. The court can override this only in the child’s best interest.

    For civil cases, Federal Decree-Law No. (41) of 2022 applies for custody as follows:

    • Custody is joint and equal by default after divorce.
    • Both parents share responsibility to raise and support the child emotionally and practically.
    • Either parent can request sole custody if joint custody proves harmful or unmanageable.
    • The court evaluates who is more capable of fulfilling the child’s welfare needs.
    • A parent may be removed from custody if they pose a danger or neglect their duties.
    • Any disputes regarding decisions under joint custody can be resolved by petitioning the court.
    • The law prioritizes the psychological well-being of the child over rigid custody schedules.

    This law gives courts wide discretion to assess the child’s needs. Even if both parents share custody, logistical or behavioral conflicts can shift how responsibilities are split.

    Courts may modify or suspend joint custody in real time, as needed.

    Our law firm in Dubai offers legal support tailored to all custody matters under UAE law, including:

    • Custody Dispute Resolution: Filing court petitions to resolve disagreements over custody, guardianship, or visitation.
    • Custody Modification Applications: Assistance in modifying existing custody orders when circumstances change.
    • Travel Permission Requests: Legal filings for custodians seeking court-approved travel with a child.
    • Educational Guardianship Claims: Representation in securing or transferring the right to decide a child’s education.
    • Custody for Non-Muslims: Legal strategy and representation under the Civil Personal Status Law for non-Muslim expatriates.
    • Custody Reinstatement Petitions: Support for regaining custody if it was previously revoked.
    • Child’s Choice Consultation: Legal advice when a child aged 15+ wishes to choose a parent.
    • Visitation Enforcement: Filing enforcement actions if visitation rights are denied or disrupted.
    • Emergency Custody Orders: Fast-track legal help in cases involving abuse, negligence, or medical emergencies.

    If you’re facing a custody issue in Dubai after divorce, our lawyers can guide you with clarity and experience. We focus on what matters most—the well-being of your child.

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    FAQs about Custody Laws after Divorce in the UAE

    Custody of children after divorce in UAE is determined by the applicable personal status law—under Decree-Law No. (41) of 2024, custody is typically granted to the mother, while guardianship remains with the father; under Decree-Law No. (41) of 2022, custody is joint and equal between both parents unless the court decides otherwise.

    The person most likely to win custody of a child depends on the applicable law: Under Decree-Law No. 41 of 2024, the mother has priority unless the court rules otherwise for the child’s best interest. Under Decree-Law No. 41 of 2022, custody is shared equally by default, but either parent may seek sole custody.

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