Answer: Yes, she does.
According to Article 152 of Federal Law No. 28 of 2005 on Personal Status (note: repealed as of 15 April 2025; currently replaced by Federal Decree-Law No. 41 of 2024), the right of the mother (or any other custodian) to custody is forfeited if she “becomes a permanent resident in a country that makes it difficult for the guardian to perform his duties.” This rule applies both when moving abroad and within the UAE, if the distance objectively hinders the guardian in fulfilling his obligations.
The Federal Supreme Court in Personal Status Appeal No. 1216 of 2024 clarified:
- Custody must not conflict with the father’s right, as legal guardian, to direct care of the children, which under Sharia ranks higher than the mother’s custodial right.
- Courts are obliged to consider the best interests of the child, and if the mother’s residence abroad obstructs the father in performing his duties, the mother’s right to custody must be terminated.
- Custody decisions are always temporary and may be mo...