Right of the child to decide the custodian after divorce

Question

Q: Is there a law or decree stating that a child (age 14) cannot be forced to live with one parent, in particular, if they do not want to (after a divorce)? Does the child have the choice? A: The law gives the right of fosterage to the mother. It takes into consideration the interest of the child…

Mohamed Mansy · Accepted Answer

Dear Questioner,

Federal Law No. (28) of 2005 On Personal Status, Article 146 states that:

"Fosterage of the child is a right to the mother... and the judge shall in his decision consider the interest of the fostered child. In deciding who is the fosterer."

Accordingly, in the UAE, the law gives the right of fosterage to the mother till the fostered reaches puberty or until marriage for the girl, also it takes into consideration the interest of the child.

Should you have further clarifications, you may contact me on 0565726262

Regards,

Mohamed

Questions & Answers