Unified UAE Legislation Database

FAQ: Non-Muslim expat couple divorcing in Dubai. Custody disputes escalate to child abduction fears. There is a confusion over applicable law (Sharia vs. civil?).

Status

In force

Issuing Authority

Effective date

XX.XX.XXXX

Official Link

https://

Answer:

 

Child custody

 

Federal Decree-Law No. 41 of 2022 On the Civil Personal Status governs the affairs of non-Muslims who are national citizens of the United Arab Emirates, and non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country. 

 

Subject to Article 13 of the Executive Regulations of the Law, in the divorce judgment, the competent court shall automatically grant joint custody of the children equally between the father and mother, except in the following cases:

a. Either party submits an application to the competent court to grant custody for the parent who is worthy of fulfilling the interests of the child subject to custody.

b. Either party may submit a written waiver to the competent court of his right to custody.

 

The mother or father may object to the joint custody judgment if there are sound justifications.

 

Child abduction risk

 

If there is a real risk that one parent will attempt to abduct the child, it is necessary ...