In the United Arab Emirates (UAE), family law, particularly concerning child custody, is primarily influenced by Sharia Law. However, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims (Personal Status Law) also plays a crucial role, especially for non-Muslim families. Understanding Child Custody Laws in UAE is essential for navigating these legal waters.
Under Sharia Law:
In Islamic law, child custody, known as “Hizanat,” is focused on the child’s best interest post-divorce. Typically, mothers are given custody of younger children, with specific age considerations for boys and girls. The custodial parent makes decisions regarding upbringing and education, while the non-custodial parent is responsible for financial support. Decisions about the child’s religion might require both parents’ consultation. Sharia Law and Child Custody offer insights into these unique provisions.
Under Personal Status Law:
This law ensures joint and equal parental rights in child custody cases. The court considers factors like the child’s age and gender when deciding custody arrangements, always prioritizing the child’s best interests. Personal Status Law aims to preserve the psychological health of children, ensuring unbiased upbringing. For more insights into how Personal Status Law handles child custody, read this detailed article.
In cases of travel bans imposed by one parent on the custodian, court orders determine the outcome. Such complexities in child custody cases necessitate legal advice from experienced family lawyers in Dubai.