FAQ: How is child custody determined in divorce cases in Dubai?

 In Dubai, child custody decisions in divorce cases are primarily governed by the UAE Personal Status Law, which prioritizes the child's best interests. The law tends to favor the mother when it comes to custody of young children, but several factors are considered to ensure the well-being and stability of the child. Here’s a detailed look at how child custody is determined:

Custody Considerations:

  • Best Interests of the Child: The foremost consideration is always the child's physical, emotional, and educational welfare.
  • Mother’s Custody: Generally, mothers are granted custody of boys until they are 11 years old and girls until they are 13 years old, after which custody can be reviewed and potentially transferred to the father.
  • Father’s Role as Guardian: While the mother may have custody, the father retains guardianship. This means he is responsible for making major decisions about the child's education, healthcare, and other aspects of upbringing.
  • Custodial Suitability: Factors such as the custodian's mental and physical health, moral character, and the capacity to provide for the child's needs are considered.

Legal Process:

  • Court Proceedings: Custody is determined as part of the divorce proceedings. Either parent can file a custody case in a UAE court.
  • Evidence and Testimony: Both parents may present evidence and testimony to demonstrate their suitability for custody. This can include witness testimony, financial statements, and medical reports.
  • Consultation: Older children may be consulted by the court to ascertain their preferences, although this is not the sole deciding factor.

Modifying Custody:

  • Change in Circumstances: Either parent can request a modification of the custody arrangement if there is a significant change in circumstances that affects the child’s best interests.
  • Violation of Custody Terms: If a custodial parent violates custody terms or proves unfit, the court may transfer custody to the other parent or a suitable family member.

Relocation and Travel:

  • Travel Restrictions: Custodial parents may need permission from the guardian or a court order to take the child out of the country.
  • Relocation: Relocating with the child to another country is complex and typically requires consent from the guardian or a court ruling affirming that the relocation is in the child's best interests.

Conclusion

Child custody cases in Dubai are complex and deeply sensitive. Parents undergoing a divorce are strongly advised to engage with lawyers in Dubai who specialize in family law to navigate the proceedings effectively and ensure that their rights and the best interests of the child are adequately represented and protected

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