CHILD CUSTODY IN UAE
According to the personal status law of UAE custody is defined as ‘keeping, bringing up and taking care of the child without interfering with the guardian of the right persons’ Guardianship of the person refers to taking care of all the minor's needs, including watching over, defending, raising, and teaching him, guiding his life, and approving of his engagement. The term "guardianship of the property" refers to the protection, administration, and investment of the minor's property and includes the terms "guardianship," "curatorship," and "legal representation." The new Federal Personal Status Law (Federal Law No. 41 of 2022), which takes effect on February 1 to govern critical family matters such as marriage, child custody, divorce, and inheritance, seeks to promote equality between men and women, address the issue of joint custody, and expedite divorce procedures for non-Muslim expatriates in the UAE, top legal experts have explained. The custodian and guardianship of the kid shall be decided by the child custody agreement following a divorce or the death of the father, in accordance with UAE legislation. The mother is often given custody, making her the official custodian. She will have physical custody of the kid because she is the normal caregiver, in charge of all the necessities a youngster needs. The father will be in control of the child's affairs, rules, and orientations, as well as supplying all the necessary funds for the child's upbringing since guardianship pertains to him. He should often give the mother and kid a place to live. The general requirements for being a custodian according to Article 143 of Personal Status Law are to be mentally sound, be a major and of legal age, be sincere, has the ability to raise the child, be able to look for and safeguard the youngster, protect the infant from infectious infections that might be fatal and lastly most importantly, not having been found guilty of any notorious crime. Parents do not share equal rights under the custody of the child. The mother often has custody of the kid. The mother must comply with additional requirements set forth by the law in order to maintain her custodial position. Article 144 of the Personal Status Law states that if a woman is not allowed to be married to another man, the caretaker must practice the same religion as the kid. If the mother doesn't follow these guidelines, she could lose custody, although it will depend on the specifics of each case. The judge will make a decision based mostly on what is best for the kid. The guardian must fulfill the requirements listed below, much like the custodian, in accordance with the Personal Status Law: The legal age, clear-headed, sincere, and competent to fulfill the guardianship obligations. According to the order of heirship, the father should receive the guardianship of the kid first, followed by the father's relatives. If no one is eligible to serve as a guardian, the court will choose a guardian from among the minor's family members. The Article No. 154 of the Personal Status Law(2005) specifically emphasizes the non-custodial parent's right to see and receive visits from the kid. The caretaker and the judge must agree on the location, the timeframe, and the person responsible for bringing the kid if there is a problem. If the guardian gives a prior written agreement, the caretaker may accompany the kid on international travel. If the guardian makes an arbitrary decision to withhold consent, the subject may be brought before a judge in court. Additionally, before taking the kid beyond the UAE, the guardian must have the custodian's written approval. Therefore, in this situation, both the caretaker and the guardian have the same rights and duties. In conclusion, child custody is based on the decision of the court and also on the criteria mentioned as per the custodian and guardianship rights. If the guardian and custodian follow the requirements for the rights to be given then the child custody will be shared accordingly. Family matters are very important in the UAE and the majority of nations that adhere to Sharia law. The integration of Islamic law and civil law into UAE legislation, which aims to forge a contemporary framework without sacrificing religious principles, is a crucial component.
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