Child Custody in the UAE: Legal Rights of Mothers and Fathers In the United Arab Emirates, laws relating to child custody falls under the UAE family law. The family law is stipulated under Federal Decree Law No. 41 of 2024, governing Muslims in the country (“Federal Personal Status Law”), Federal Decree Law No. 41 of 2022, governing non - Muslims in the country, except in the emirate of Abu Dhabi (“Federal Civil Status Law”), and Abu Dhabi Law No. 14 of 2021, governing non - Muslims in the Emirate of Abu Dhabi (“Abu Dhabi Civil Status Law”). The Federal Personal Status Law and the personal civil status laws have distinct laws relating to child custody. However, principle of the best interests of the children forms the basis of all the laws and the judgeme nts in the UAE relating to children. Child Custody under the Federal Personal Status Law Under the Federal Personal Status Law, after a divorce, the care of children falls under two categories namely, custody and guardianship. Custody mainly refers to th e day - to - day care and responsibilities of a child. This includes feeding, clothing, and the related care of a child. Consequently, this includes physical custody over the child. Guardianship on the other hand, refers to the overall care of the child. Custo dy is generally granted to the mother of the child, while guardianship is granted to the father of the child. According to Article 123 of the Federal Personal Status Law, custody is granted to the mother until the children attain 18 years of age. Neverthel ess, children are granted the right to choose between their parents, once they attain 15 years, as per Article 122, provided that the court does not determine that their choice is against their best interests. Legal Rights of a mother after divorce 1. Right to custody over the children until the children attain 18 years of age (Article 123) 2. Right to Educational guardianship over her children (Article 112(3)) 3. Right to Remuneration from the father of the children, when the children are in her custody, along wit h the right to custodial residence (if the mother does not own a residence under her name) (Article 119) 4. Right to travel with the children, with the consent of the father (Article 116) 5. Right to hold the identification documents of the children (Article 124 ) 6. Right to hold the passport of the children, if the father refuses to handover the passport in case of necessity, or if the father is frequently travelling or otherwise inaccessible when the passport of the children is needed. (Article 117(3)) Legal right s of a father after divorce 1. Right to guardianship over the children, both personal guardian and guardianship over the children’s property (Article 112 and Article 129) 2. Right to visitation when the children are in the custody of the mother 3. Right to hold the passport of the children 4. Right to hold the identification documents, if the mother misuses identification documents of the children. 5. Right to enjoy guardianship without interference from the custodian (Article 112 (1)) 6. Right to travel w ith the children, with the consent of the custodian (Article 116) 7. Right to custody of the children, if the mother is disqualified from being a custodian, subject to certain conditions (114) Child Custody under the civil personal status laws The Federal Ci vil Personal Status law under Article 10 and the Abu Dhabi Civil Personal Status law under Article 9 grant joint and equal custody of children, to both parents, after their divorce. Consequently, both the father and the mother have equal rights in case of child custody. If a parent attempts to encroach upon the right of another parent by abducting the children from the UAE to another country, the remaining parent may approach a crimi nal defense lawyer , to bring back the child to the UAE. To resolve issues relating to child custody and child abduction, ensure that you approach the best lawyer in UAE , to ensure tha t your interests are protected by law.