A child is the fruit of a happy marriage, and when he comes, the family is formed, which is the pillar of society. However, sometimes divorce occurs, and this family is scattered, and the children fall victim to this divorce, and a heated dispute arises between the spouses over the right to custody of the children after the divorce. This dispute often reaches the corridors of the courts.
In the UAE law, children are protected after divorce through the judiciary and the ruling, which gives the interests of the children a top priority, regardless of the nature of the qualification for their custody, whether husband or wife, as according to the UAE Federal Law No. 28 of 2005, and its amendments, there are several important points, which are:
First: Conditions that must be met to obtain child custody:
– The ability to care for children and provide for their needs and life requirements
– The custodian, whether father or mother, should not suffer from psychological or physical illnesses that affect his ability to care for children
– The custodian should be committed to social customs, traditions and values
Second: The right to custody
According to the federal law, the mother is the most entitled to custody if she complies with the previous conditions, and the child’s custody is with her until the age of seven, after this age it is possible to transfer custody to the father or another person as the case may be and based on the interest of the child.
If custody is the mother’s right, she bears the responsibility for caring for the child primarily, unless there are matters that call for otherwise according to what the court deems.
Third: Custody age
According to the law, the mother retains the right to custody of the male child until he reaches 11 years of age, and the same for the female child until she reaches 13 years of age. Then the father can request custody after this age if the court finds that the interest requires it.
Fourth: Exceptional cases for custody
1. In the event that the divorced woman marries within (6) months, the father of the child in custody has the right to request that custody be dropped from the mother, due to the presence of a foreign husband to the child in custody, unless the court decides otherwise for the benefit of the child in custody.
2. In some cases, custody is granted to the father after the specified age, if it is proven that the mother is unable to care for the children, such as if the mother of the children is morally unsound or suffers from health problems.
Fifth: The right to visit the child
When the mother or father is granted custody, the other party has the right to visit, visit and accompany him according to what the judge decides, provided that the place, time and person responsible for bringing the child in custody are specified.
Sixth: Judicial decision in case of custody dispute
In case of a dispute between spouses over child custody, the court is resorted to, to take into account the child’s interest, and in some cases the court seeks the assistance of social and psychological experts to assess the party’s right to child custody, and sometimes the court requests the submission of documents or evidence supporting the requests of each spouse for custody of their children.
Seventh: The right to child custody in case of death
In the event of the death of the custodian of the children, custody changes based on a specific order, such as custody being granted according to the legal order, which begins with the mother’s mother, then the father’s mother, and so on.
Eighth: Amending the custody decision
The custody decision can be changed and amended according to any new developments and changes that arise, such as the deterioration of the health of one of the parents, or if one of them is incompetent and unable to take good care of the children, and the court can amend custody in line with the public interest of the child.
Ninth: The child’s right to choose a custodian after reaching a certain age
In some cases, the child is allowed, after reaching the age of 11, to express his wishes regarding who he wants to live with “his mother or father”, although the court remains the final decision-maker, based on the child’s general interest.
Ultimately, the issue of custody is a sensitive issue as it relates to the child’s mental health, so it is preferable to consult an expert lawyer before starting the custody procedures, and with MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE Law Firm and Legal Consultations are fully prepared to help you with the issue of child custody in UAE law. For any inquiries Click and contact us now for any legal inquiries!
