What are the custody and guardianship rules for children of expat Muslim parents upon their death? - Q&A - Legal Advice Middle East

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Q: What are the rules for expat Muslim parents living in the UAE in the event of their death? Who will take care of their child, and how can they choose the persons they want their child to be with? A: Custody is granted in the order of women if the child is within the age of child custody…

Mohammad Salah Shoaib · Accepted Answer

Dear Questioner, Thank you for your inquiry regarding the guardianship of your child in the event of your passing and the role of a will in ensuring that your child is cared for by the person you trust. In the UAE, there are specific provisions for the guardianship and custody of children, and it’s essential to address these in advance through a will to ensure your wishes are respected. Here’s a summary of the key points you should consider: 1. Guardianship Under UAE Law For Muslim expat parents, the father is typically the guardian of the child, while the mother usually has custody until a certain age (usually 11 for boys and 13 for girls). The father, as the guardian, would be responsible for making important decisions regarding the child’s education, healthcare, and financial matters. Custody can be granted to the mother, but guardianship remains with the father unless otherwise specified. Non-Muslim expats may have different provisions depending on their nationality and the laws of their home country, which may be applicable under the UAE's recognition of foreign laws for custody arrangements. 2. The Role of a Will in Guardianship It is highly advisable for expat parents to write a will to appoint a guardian for their child in the event of their passing. A will allows you to specify who you want to take care of your child if you and your spouse are no longer able to do so. In the will, you can name a trusted relative or friend who you believe is best suited to care for your child. While a guardian nomination in the will isn’t automatically enforceable, it is given considerable weight by the UAE courts, and the court will generally respect your wishes, provided it is in the best interest of the child. 3. Importance of Legalizing the Will For your will to be recognized in the UAE, it is essential to register it with the relevant authorities, such as the UAE Wills Registry in Dubai or through the local courts in your emirate. Registration ensures that your will is legally binding and your wishes regarding guardianship are clearly documented and enforceable under UAE law. 4. Court’s Role in Guardianship Decisions The UAE court will ultimately make the final decision on who will be appointed as the guardian. If there is no will, or if the appointed guardian is not suitable, the court may choose another family member or individual based on the child’s best interests. The court will also consider other factors, including the age and capabilities of the appointed guardian, their relationship with the child, and their ability to provide proper care. 5. What to Do Next - Draft a Will: I recommend you start by drafting a clear will that explicitly names the person you would like to appoint as the guardian for your child. Make sure that this is done in accordance with UAE laws. - Register Your Will: Once the will is drafted, register it with the appropriate legal authority in the UAE to ensure that it is recognized and enforceable. - Seek Legal Advice: If you would like assistance with drafting the will or understanding the specifics of guardianship under UAE law, please don’t hesitate to contact me. I can guide you through the process to ensure everything is in order and that your wishes are respected. Please let me know if you need any further assistance or clarification on this matter. Best regards, Mohammed Salah Legal Consultant

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