Father’s Sole Custody in the UAE: What to Know?

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Child custody is the most unwanted step after divorce or separation and can come up in any household, disrupting families and whatnot. Being a sensitive and significant matter altogether, the child faces a lot of emotional distress that drags through years. To make this process a smoother one, you must know about the legal framework of the place you live in.

In the UAE, the law tends to priorities the best interests of a child when dividing custody arrangements. Usually, the mothers are offered the primary custody of younger children, but there are other circumstances where the father can be awarded sole custody.

Understanding Child Custody Laws in the UAE

 

For situations like child custody, The UAE has two primary governing laws.

1. Federal Law No. 28 of 2005 on Personal Status

2. Federal Law No. 41 of 2022 on Civil Personal Status

These specific laws emphasize the welfare of a child as a prodigy for custody decisions. In cases like these, there are distinct guidelines regarding sole and joint custody rights.

When Does the Mother Retain Custody?

 

Under Federal Law No. 28/2005, generally, mothers have the right to custody until the male child reaches 11 years of age, and the other female child reaches the age of 13. The mother’s presence is considered vital for the child’s initial upbringing during their formative years. For a broader understanding of legal aspects like custody, it’s essential to explore what does family law cover, as it addresses various issues related to child custody, marriage, divorce, and more.

When Can Fathers Seek Sole Custody?

Fathers are granted the freedom of sole custody in some specific conditions:

1. The child surpasses the custody age limit: Here, if the father believes that the mother is unfit to care for the child, he is granted full custody only if the male and female children are 11 and 13 respectively.

2. The court deems the mother unfit: In this situation, if the father presents evidence proving the mother isn’t providing sufficient care in front of the court. Evidence can include factors of neglect, abuse, or any conduct harmful to the child’s well-being are considered.

3. For the child’s best interests: The court decides which parent is able to provide a more stable and nurturing environment for the child.

The Role of the New Civil Personal Status Law

 

Federal Law No. 41/2022 introduced further regulations regarding child custody, providing equal rights to both parents. The main law aspects are:

1. Joint Custody as the Default: Both parents are responsible for raising their children after divorce until the child turns 18. After that, the child has the freedom to choose which parent is most suitable for him/her.

2. Here are some “Exceptions for Sole Custody”: Sole custody can be granted if:

  • Both parents agree in court to grant sole custody to one of them.
  • One of the parents voluntarily waives their right to custody.
  • The court speculates and decides that one parent is unfit for joint custody due to eligibility issues, safety crisis, or neglecting their responsibilities.

Proving the Mother’s Unfitness for Custody

When any of the parents claim sole custody, the father must provide convincing evidence of the mother’s inability to fulfil her custodial duties or vice versa. Courts typically consider:

  • The mother’s health, both physical and mental.
  • Her behavior and moral conduct.
  • The living environment she provides for the child.
  • Any instances of neglect or harm to the child.

If the father successfully demonstrates that the mother’s custody would negatively impact the child’s well-being, the court may grant sole custody to the father.

How HL&A Can Help in These Situations

After the whole read, you might have gotten the idea of how concerning custody issues can become, going through disputes can be very emotionally overwhelming. What if you get a helping hand in situations like these?

At HL&A, all these stressful situations can turn into smoother processes, after receiving the assistance you need, you can have the power and energy to think clearly and solve the custody problem without any hassles.

Why Do You Need HL&A?

  • Specialized Expertise in the UAE Family Laws
  • Powerful Legal Strategies
  • Efficient and Smooth Process Handling

Services Offered by HL&A

  • Legal Consultation: Having a clear understanding of the rights and options you might have in the situation.
  • Documentation Support: We promise all documents are properly prepared, verified and filed accurately to avoid delays.
  • Court Representation: The lawyers at HL&A advocate for your case with compelling arguments making sure, the court understands your word.
  • Conflict Mediation: In cases where mutual agreements are possible, HL&A facilitates discussions to achieve amicable solutions that especially benefit the child.

How HL&A Simplifies the Process For You?

 

With HL&A, you’re never alone in the process. The team of family lawyers in Dubai work day and night to protect your rights and to provide for the best interests of the child. By handling complex legalities, HL&A allows you to make sure your child has the best possible environment present for them.

Best Interests of the Child: The Court’s Priority

After considering all laws, the UAE courts provide the best interests of the child when making custody verdicts. All in all, the fathers are validated to provide the necessary evidence that they are viable to offer a better environment for the child compared to the mother.

Conclusion

Sensitive cases like these, particularly involving sole custody, require careful legal consideration and substantial evidence. In the UAE, fathers may be granted sole custody if it serves the child’s best interests and the mother is deemed unfit to provide proper care. With evolving laws like the Federal Law No. 41/2022, the emphasis is increasingly on specific shared responsibilities and prioritizing the child’s welfare above all else.