Guardianship and custody of child under UAE law is based on Federal Law Number 28 of 2005 on Personal Status, generally known as the Personal Status Law, contains the provisions governing custody and guardianship of children in Articles 142 to 177.
Parental Separation and Legal Implications
When parents break up, issues of custody and guardianship arise. This can happen through a formal divorce or by an informal separation in which the parents live apart. During a divorce, one of the most contentious issues is determining who will have physical custody of the children and who will be responsible for supporting them financially. The Personal Status Law of the United Arab Emirates (UAE) is founded on Sharia principles and governs such situations.
Understanding Custody and Guardianship
To have custody of a child is to have legal responsibility for the child’s upbringing and care. However, guardianship refers to the legal rights and decision-making authority about the child’s upbringing, including things like the child’s schooling and key life decisions. In many Western countries, both parents have equal rights and obligations in matters of guardianship and custody. In the United Arab Emirates, however, the two ideas are distinct because of the impact of Sharia law.
Maternal Custody Rights and Responsibilities
In the United Arab Emirates, mothers are frequently awarded custody of their minor children until they reach the ages of 11 and 13, respectively. Siblings who don’t fit the age requirements might nevertheless petition the court for permission to live together. Unless the court rules differently, the mother must fulfill certain standards, such as being of the same religion as the kid and not being married to a man unrelated to the child. If the mother is unwilling or unable to take care of the children, the father may be awarded custody. For a father to gain custody of his daughter, there must be another female relative present.
Paternal Guardianship Responsibilities
The paternal role of guardian typically entails the duty to provide for the children’s basic needs, including food, clothing, shelter, and medical care. The father’s contribution should be reasonable in light of his income and should not cause the family’s standard of living to drop by more than a moderate amount.
Travel Regulations and Guardian Approval
In addition, the guardian’s permission is required before the custodian can travel with the minor. The child’s legal guardian can and should be the one to sign off on any international travel.
Potential Legal Reforms
It’s worth noting that the United Arab Emirates (UAE) has unique and rigorous requirements for custody and guardianship. However, non-Muslim couples may soon have the option to forego the UAE Personal Status Law in favor of the rules of their country of marriage according to recent amendments to the law.
Consulting Legal Experts
If you need up-to-date and correct guidance on guardianship and custody in the United Arab Emirates, it’s in your best interest to speak with our attorney.
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