Custody of children in the UAE

In determining issues of custody, the UAE courts may take into consideration the parents religion, place of permanent residence, income, and the mother’s subsequent marital status. Priority is generally given to the Muslim father, irrespective of his nationality when the mother is non-Muslim.

Under article 78, 146 and 156 of the UAE Personal Status Law, a mother would have custody of children on divorce until the boy is 11 and the girl 13. After this, custody could revert to the father if he applies for it.

Child maintenance includes all financial costs that the mother would incur to care for a child, for example, the provision of accommodation, food, children's clothing, travel, and maid. Regardless of the wealth of the mother, this would still be payable by the father. The court would consider the father's income, and the children's needs, and make an appropriate order; this is usually a third of the father's income.

If the court finds the mother "incompetent," custody of a child, irrespective of his/her age, can be given to the father. A finding of incompetence is left fully to the discretion of the Sharia judge. Sharia courts consistently find parents incompetent if they engage in such behaviour that is inconsistent with the Islamic faith. Furthermore, a mother may lose her rights of custody should she remarry.

You are welcomed to our office to be provided with more detailed information.