Child Custody Laws in the UAE: How Courts Determine Who Gets Custody
Child custody matters are among the most emotionally challenging family law issues in the UAE. When parents separate or divorce, the court’s primary focus is the best interests and welfare of the child. Understanding how UAE custody laws work—and what factors influence the court’s final decision—is essential for any parent navigating this difficult phase.
How Child Custody Works in the UAE
Under UAE Personal Status Law, custody is divided into two categories:
1. Custody (Hadana)
This covers day-to-day care, upbringing, education, and emotional support. Custody is usually granted to the mother, especially for young children, unless the court finds otherwise based on the child’s welfare.
2. Guardianship (Wilaya)
This includes financial responsibility, decision-making, and legal authority over the child. Guardianship typically remains with the father unless a court rules differently for the child’s safety or wellbeing.
The UAE courts approach custody with flexibility, assessing each family’s circumstances individually.
People can also read: Understanding Your Rights During Police Investigation in the UAE
Factors Courts Consider When Deciding Custody
UAE judges consider a wide range of factors to determine where the child will be safest, happiest, and best supported. Key considerations include:
1. Child’s Age
Younger children are usually placed with the mother, as courts believe maternal care is essential during early developmental years. As the child grows older, the court may rethink custody based on the child’s needs.
2. Parent’s Ability to Provide Care
The court assesses each parent’s:
- Emotional stability
- Living conditions
- Ability to supervise and support the child
- Time availability
- Financial capacity
- Moral conduct
A parent who can provide a stable, safe, and supportive environment stands a stronger chance of receiving custody.
3. Child’s Emotional and Physical Safety
Any history of violence, neglect, or abuse—whether proven or suspected—can strongly influence the ruling. The court prioritizes the child’s protection above all else.
4. Religion and Cultural Continuity
The court considers the child’s cultural and moral upbringing. A parent who can ensure continuity in the child’s established lifestyle and identity is often favored.
5. Parent’s Behaviour and Conduct
UAE law requires the custodial parent to maintain good behavior and moral integrity. Any conduct that may negatively impact the child can lead to the transfer of custody.
How TLG: The Legal Group and Saif Al Shamsi Assist Parents in Custody Disputes
Navigating a custody case requires deep legal understanding and highly strategic representation. Saif Al Shamsi, founder of TLG: The Legal Group, brings decades of experience in UAE family law, offering strong support to parents facing custody disputes.
He assists by:
- Clearly explaining legal rights and realistic outcomes
- Preparing strong arguments based on the child’s best interests
- Representing parents in court proceedings
- Ensuring documentation and evidence are properly presented
- Negotiating amicable arrangements where possible
- Protecting parents from unfair or emotionally charged claims
His legal expertise helps parents make informed decisions and secure the best possible arrangement for their child’s future.
Conclusion
Child custody cases in the UAE are guided by one core principle: the wellbeing of the child. Courts assess emotional stability, living arrangements, safety, parental conduct, and overall capability before awarding custody. With the right legal guidance, parents can confidently navigate this sensitive process and work toward a fair and positive outcome for their child.