According to Federal Law No 28 of 2005 for Personal Affairs, the biological mother of the child is the custodian and the father is the guardian. Custody involves day-to-day care of the child, which is usually granted to the mother without interfering with the right of guardianship awarded to the father.
At all times, the father is responsible for providing for the child financially. He is responsible for providing shelter, expenses for food, medical care, education and other necessities.
Custody and guardianship are two separate issues that must be addressed individually as parents do not share equal responsibilities for a child in the UAE.
The courts always act in the best interests of the child and therefore, unless given reason to believe otherwise, they keep him in the physical custody of the mother, whilst being under the guardian's (father's) supervision.
Article 156 of Federal Law No 28 of 2005 for Personal Affairs provides that a child's custody under the mother ends when their son reaches the age of 11 and when their daughter reaches the age of 13. The father being the guardian can claim the custody thereafter.
As set out in Article 143 and 144 of the law, a custodian must be:
If the custodian is the mother, she must:
If the custodian is the father, he must:
The mother also has the right to claim the extension of the custody period until their son finishes his education and their daughter gets married. In this case, the mother has to prove that she has been good with the children i.e. through their school performance reports, good medical health history etc.
The father can claim the custody of their son if he feels that their son is becoming too soft in nature by staying with the mother and that he would want him to grow up to be more responsible. In both circumstances, the judge will decide the case.
Popular searches
