Joint Custody in the UAE Civil Personal Status for Non-Muslims

This article recognizes joint and equal custody as a right for both the father and mother post-separation or divorce. While joint custody is the default arrangement between parents, Article 10 of the Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims shines a spotlight on the significance of shared custody following divorce.

This article recognizes joint and equal custody as a right for both the father and mother post-separation or divorce. Under this law, parents are granted equal rights in raising and caring for their children, promoting cooperation and active involvement between them.

This provision also aims to protect the rights of children, granting them the right not to be exclusively under the care of one parent at the expense of the other regarding their upbringing and visitation. This right is essential for safeguarding the children's mental well-being and providing a stable and loving environment for them after divorce.

Furthermore, this article seeks to mitigate the negative effects divorce can have on children. By enhancing the equal involvement of both parents in their children's lives, tension and conflicts that can adversely affect children in the post-divorce period can be minimized.

In this manner, Article 10 of Federal Decree Law No. (41) of 2022 represents a significant development in the field of joint custody in the UAE, striving to achieve justice and equality between fathers and mothers while providing a healthy environment for children's growth and development after divorce.

While joint custody is the default arrangement between parents, if there are reasons preventing one of the parents from fulfilling their role as a custodian, they may submit a request to the competent court explaining these reasons and seeking the removal of the other party from custody.

Additionally, either parent has the option to relinquish their custody rights, but this relinquishment must be done in writing before the relevant court.

Written by:

Mohamed Eid Alsuwaidi | Mohamed Eid Alsowaidi Advocates & Legal Consultants