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 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.
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.
There is a need to comprehend the difference between custody and guardianship in child custody law in Dubai.
Custody usually means the daily care of the child, such as accommodation, schooling, and day-to-day supervision. In most cases:
Guardianship is a legal right that entails taking control of important decisions like travel, education decisions and finances. Commonly:
However, these arrangements can be different when it is in the best interest of the child.
The age limit on custody is one of the most sought-after areas of child custody laws in UAE 2026.
Under current provisions:
Custodial arrangements can be modified to suit the circumstances at the discretion of judges.
Mothers tend to be favored guardians of young children, subject to the legal requirements like:
Remarriage in no way loses custody, and the court can evaluate its effects on the child.
Fathers have the right to guardianship and may demand custody in case:
Where suitable, courts are more and more adopting shared parental responsibility.
The Civil Personal Status Law provides expatriates with more freedom in the UAE.
Expat parents may:
This has greatly enhanced the certainty of the law on expat families.
Moving is a frequent problem in custody cases, particularly with expats.
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.
The young children are often given to the mother in custody at the discretion of the court.
Fathers are allowed to acquire custody in cases that are in the best interest of the child.
Yes, civil law or foreign law options.
Through the guardian’s consent or the permission of the court.
Yes, it is possible to modify custody orders in case of a change in circumstances.