Child Custody Law in UAE For Expats

One of the most sensitive issues that family courts in the UAE deal with is child custody issues. As many legal changes and additions to protect children and their guardians are ongoing, both the local nationals and expatriate families in the UAE must know the laws of Child Custody in the UAE 2025. The laws are designed to balance parental rights and tasks and put the welfare of the child first.

This law manual will discuss the existing legal system, the rights of custody, age restrictions, and the relocation provisions in the UAE family law.

Child Custody Laws in the UAE 2025

Child custody under the UAE family law is mainly regulated by Federal Decree-Law No. 28 of 2005 (Personal Status Law), which is amended by Federal Law No. 41 of 2022 (Civil Personal Status Law) for non-Muslims. These laws vary according to nationality, religion, and in cases where parents choose civil or Sharia proceedings.

Key Principal: Best Interests of the Child

In all the custody-related cases, the UAE courts pay attention to the best interests of the child, taking into account emotional well-being, stability, education, health, and moral upbringing.

Dubai Child Custody Law: Custody vs. Guardianship

There is a need to comprehend the difference between custody and guardianship in child custody law in Dubai.

Custody Rights UAE

Custody usually means the daily care of the child, such as accommodation, schooling, and day-to-day supervision. In most cases:

• Young kids are placed in the custody of their mothers
• Custody comes with conditional aspects on moral behavior, mental health and the capability of taking care of the child

Guardianship Law UAE

Guardianship is a legal right that entails taking control of important decisions like travel, education decisions and finances. Commonly:

• Fathers are still legal guardians
• Guardianship involves fiscal accountability

However, these arrangements can be different when it is in the best interest of the child.

Child Custody Age Limit in the UAE

The age limit on custody is one of the most sought-after areas of child custody laws in UAE 2026.

Custody Age Rules

Under current provisions:

• Boys are usually kept by mothers until the age of 11 and girls until the age of 13
• The custody may be extended to the best interests of the child
• Civil law can be flexible to Non-Muslim families

Custodial arrangements can be modified to suit the circumstances at the discretion of judges.

Mother Custody Rights UAE and Father Custody Rights UAE

Mother Custody Rights UAE

Mothers tend to be favored guardians of young children, subject to the legal requirements like:

• Good character and conduct
• The capacity to bring up the child properly
• Failure to move without the permission of the court

Remarriage in no way loses custody, and the court can evaluate its effects on the child.

Father Custody Rights UAE

Fathers have the right to guardianship and may demand custody in case:

• The mother is deemed unfit
• The minor attains the legal age
• It is in the best interest of the child to be taken care of by the father

Where suitable, courts are more and more adopting shared parental responsibility.

Child Custody for Expats in the UAE

The Civil Personal Status Law provides expatriates with more freedom in the UAE.

Civil Law Options for Expats

Expat parents may:

• Use home-country law where it is recognized by UAE courts
• Choose the UAE civil family law irrespective of religion
• Apply for joint custody

This has greatly enhanced the certainty of the law on expat families.

Child Relocation Law UAE

Moving is a frequent problem in custody cases, particularly with expats.

Relocation Rules

• A child cannot be taken out of the UAE by a custodial parent without permission or the permission of the court
• Education, stability, parental access, and long-term welfare are taken into account by the courts
• Illegal migration may result in loss of custody

Child Custody Laws: Managing Child Custody Legalities

The UAE Custodial Laws of 2026 are based on a more balanced, child-oriented legal system, providing clearer rights of both parents, as well as protecting the children welfare. You need professional legal counsel on whether you are dealing with custody, guardianship, or relocation matters. RH & HALE offers qualified child custody law advice that allows parents to defend their rights and make informed choices. Contact RH & HALE now and seek private consultation on child custody issues in the UAE.