Can I challenge my child's custody again after losing the first trial and appeal?

Yes, it is possible. Send us the data and the appeal decision for review, and we will do so.

Good morning,

Thank you for your inquiry!

While you’ve previously lost the custody case and the subsequent appeal, it is still possible to reopen the matter under UAE Family Law, provided there are new and substantial changes in circumstances that directly affect the child’s welfare.

Examples may include changes in the other parent’s living conditions, behavior, remarriage, relocation, or issues related to neglect or abuse.

UAE courts place the child’s best interests above all, and a new case (distinct from an appeal) may be filed with fresh, credible evidence.

If you believe such changes have occurred, I recommend we schedule a consultation to assess the merits of your situation, review any new documentation, and advise you on the most effective legal approach.

Kind regards,

Yes, it is possible to try again to challenge your child's custody in the UAE even if you lost in the first instance and the subsequent appeal.

However, it's not a straightforward of the same case. The key factor that allows a new custody case to be filed is a significant change in circumstances that affects the child's best interests.

If the current custodian is found to be neglectful, abusive (physical, emotional, or financial), or poses a risk to the child's safety or development. The age of custody has been extended to 18 for both boys and girls.

If a child reaches 15 years of age, they can choose which parent they wish to live with, subject to court approval and provided it is deemed in their best interest.

Dear Client,

Yes, it is possible to challenge your child’s custody arrangement again, even if you lost both at the initial trial and on appeal.

While an appeal is used to address potential legal errors or significant mistakes made during the original proceedings, once the appeal process is concluded, you cannot file another appeal on the same decision unless new legal grounds arise.

However, custody orders are not always final and can be modified in the future if there is a substantial change in circumstances that affects the welfare or best interests of the child.

For example, if there are significant changes in living situations, the child’s needs, or parental behavior, you may petition the court for a modification of the custody order. Courts generally require that these changes are substantial and ongoing, not minor or temporary.

In summary:

You cannot re-appeal the same custody decision once the appeal process is completed, unless there are new legal grounds.

You may file for a modification of custody if you can demonstrate a significant and continuing change in circumstances since the last order.

Consulting with a family law attorney is highly recommended to assess your specific situation and determine the best course of action.

Dear questioner,

Yes, it is possible to try again to challenge your child's custody even if you have lost in the first attempt and the subsequent appeal.

Dear Inquirer,

Yes, it may still be possible to challenge custody again, depending on the circumstances that have changed since the previous judgment or if there are new legal grounds. UAE courts do allow for revisiting custody cases, especially when it’s in the best interest of the child.

We recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy to review your case and explore the best legal options moving forward. Our team can also represent you in any new proceedings, if needed.

Dear Questioner,

Thank you for your message!

Under UAE Personal Status Law, once a custody judgment has been issued and upheld at both the Court of First Instance and the Court of Appeal, the matter is considered final, unless new circumstances arise.

That said, you may file a new custody case in the future if there is a change in circumstances that could affect the child's best interests.

For example, if the custodial parent becomes unfit, remarries, neglects the child, or relocates without approval, these could justify reopening the custody issue.

Each case is assessed on its individual merits, and the guiding principle in all custody matters is always the best interest of the child.

If you believe such a change has occurred, I’d be happy to review the details and advise you accordingly.

Best regards,

Mohammed Salah

Legal Consultant

Thank you for your message!

Yes, under UAE law, even if the initial custody claim and appeal were unsuccessful, there may still be legal grounds to reopen or challenge custody based on a change in circumstances, new evidence, or if the child’s best interest can be demonstrated differently from the prior proceedings.

Courts prioritize the welfare of the child, and if any material developments have occurred since the last judgment, it could justify a new claim or enforcement modification.

I would be pleased to assess your specific situation in detail and advise you on the best legal course available to you.

Feel free to reach out to me directly on WhatsApp or phone at [-------------] so we can discuss your case further and take immediate steps if needed.

Best regards,

Suhail Rana