How to Get Child Custody in UAE
                     HOW TO GET CHILD 
CUSTODY IN UAE
Presented by
Hhs lawyers and legal consultants
A Child custody case is heard in a UAE Federal Court, the 
involved parties are to obtain legal representation from 
Child Custody Lawyers in Dubai who can present each of their 
sides in relation to the legal case or dispute. The Judge decides 
the case by considering the best interest of the Child. This 
decision is derived from other factors, such as the mental and 
physical health of the custodian, the stability of the parents, 
financial conditions, and a stable environment to the child to 
name a few.
THE FEDERAL LAW ON CHILD 
CUSTODY AND CHILDREN 
RIGHTS
 Federal Law No. 3 of 2016 aims to protect the children’s rights. This is 
also known as the ‘Wadeema’s Law.’
 Article 156 of the Federal Law No. 28 of 2005 explains that in normal 
circumstances, the custody of the child should go to the mother until 
the sons turn 11 and the daughters turn 13 years of age
 Article 143 of the Personal Status Law describes the conditions 
required in a custodian.
GETTING CUSTODY OF A CHILD 
IN DUBAI
Generally, the law grants the custody of a child to the mother. If a child has 
reached the ‘age of discretion’, the child can then decide and put forward his 
choice with whether he would want to live with the mother or the father after 
the separation. However, this can be contradicted if it is against the interests of 
the child. The UAE law draws various conditions to become the custodian, for 
the future betterment of the child. Under the Law on Child Rights, the parent 
that gets the custody of the child must be sane, capable of raising and taking 
care of the child, must be free from any infectious or life-threatening diseases 
and must not have any criminal record. The courts also generally consider 
religion as one of the requirements of a custodian. In some instances where the 
child is a Muslim (same as the religion of the father), and the mother is a non-
Muslim, it may be difficult for the mother to win the custody of the child.
DIFFERENCE BETWEEN CHILD 
CUSTODY AND GUARDIANSHIP
 Child Custody is granted to a parent or a non-parent with whom the child will 
physically reside, the custodian will take care of the emotional and mental well-
being and provide a healthy life to the child. Whereas, the guardianship is 
awarded to the person who will take care of the expenses such as education, 
finances, medicals, travel, and other areas of decision making.
 If the deceased father is the legal guardian, then on the death of the father, the 
mother becomes the custodian, and the guardianship is passed on to the 
closest male relative on the father’s side. In rare cases, the mother receives the 
guardianship of the child in the UAE. This can be granted only on the discretion 
of the Court.
APPLICABILITY OF JOINT 
CUSTODY IN DUBAI
Contrary to popular belief, Joint Custody is not offered to the parents in 
the UAE. This is untrue; Joint custody is offered to parents in rare cases 
as it is noted in very few cases there is a mutual agreement between 
parents to share the custody in the UAE. If the parents are willing and 
decide to share custody with a certain arrangement, the UAE Courts can 
grant such custody to the parents. The decision for custody in the UAE 
is governed by the Sharia law, which remains silent about joint custody. 
Since, the Sharia Law does not explicitly mention about joint custody, 
granting it does not contradict the law. This concept, although it will be 
applied to only rare cases and cases that demand the Court to grant 
such an arrangement.
UNDERSTANDING TRAVEL BANS 
ON CHILD CUSTODY
Travel Bans restrict the freedom of movement to another country. Such 
bans can be applied to the child by the other parent, which restricts the 
traveling of the custodian with the child out of the Country. If a parent 
goes against the travel ban, then this could lead to legal issues 
regarding the custody of the child. In such situations, it is advisable for 
the custodian to appoint a Family lawyer in Dubai to address the 
concerns regarding travel ban violation.
CASES THAT RESULT IN CHILD 
CUSTODY BATTLE
 Divorce: It is common for child custody battles to exist as a result of 
divorce or legal separation. The child custody will be awarded to the parent 
with whom lies the best interest of the child’s future.
 Domestic Violence: The UAE laws have set up Child Protection units to 
ensure the mental, physical, psychological, and moral well-being of the 
child. In such cases, the Court will grant custody to the parent who will be a 
beneficial custodian to the child. The custody will be granted with whom the 
child is safe and can live an emotionally and physically healthy life.
CHILD CUSTODY LAWYERS IN 
DUBAI
The process of achieving child custody is often considered complex and 
can be an unpleasant experience. HHS Lawyers and Legal 
Consultants aims to help make this process smooth and limit the 
complications that may arise in the case of child custody. The Family 
lawyers of HHS can offer a range of services regarding Family Law and can 
provide you with legal assistance in all situations.
Website - https://hhslawyers.com/
Mobile: +971 55 370 1232
Telephone: +971 4 2555496
Email: [email protected]