Child Custody Lawyer in Abu Dhabi | Child Custody and Alimony After Divorce
Child custody and alimony after divorce are among the legal issues that require a clear and accurate understanding of the law. They do not concern only the end of the marital relationship; they also extend to the children’s rights, care, accommodation, education, healthcare, and continued relationship with both parents.
After divorce, many fathers and mothers seek a Child Custody Lawyer in Abu Dhabi to understand who is entitled to custody, when custody may be terminated or transferred, how child visitation is regulated, whether a child can be taken outside the UAE, and who is responsible for child support, custodial housing, and other child-related expenses.
UAE Personal Status Law regulates child custody, the requirements for a custodian, the order of entitlement, and the grounds for termination of custody. It also regulates the rights of the child, child support, and other matters arising from the separation of the parents.
What Is Child Custody After Divorce?
Child custody refers to the care, protection, upbringing, and supervision of the child, while taking into account the legally established rights of guardianship.
Under the new law, custody is regarded as a right of the child, rather than simply a right contested between the father and mother. When parents separate, custody is determined according to the order of entitlement established by law, while the court has the authority to depart from this order when doing so serves the best interests of the child.
Therefore, custody cases are not decided simply by stating that “the mother is the custodian” or “the father wants custody.” Instead, the case is assessed based on the applicable legal requirements, the circumstances of the case, and the best interests of the child.
Who Has the Right to Child Custody After Divorce?
When the parents separate, custody is granted to the mother, followed by the father, then the maternal grandmother, and then the paternal grandmother. The court may depart from this order if doing so is required by the best interests of the child.
Accordingly, legal priority does not necessarily mean that the outcome will be the same in every case.
If a dispute arises concerning the suitability of the custodian, their ability to fulfill the responsibilities of custody, or circumstances affecting the child’s best interests, the matter may need to be presented before the court for determination.
The Abu Dhabi Judicial Department confirms that Family Guidance services include:
- Establishing custody.
- Termination of custody.
- Transfer of custody.
- Visitation and taking the child out with the non-custodial parent.
What Are the Requirements for a Custodian According to the UAE Law?
UAE family law contains several requirements that need to be fulfilled by a custodian. These are:
- having legal capacity;
- capability to raise, maintain, and protect the child;
- the ability to supervise the child’s education;
- absence of those diseases that can be transmitted to the child;
- fulfillment of the requirements for a custodian depending on his or her gender;
- no convictions that restrict custody;
- no addiction to drugs, psychotropic substances, or alcohol;
- and compliance with the requirements of the law on religion, with a reservation for exceptions established by the court on a case-by-case basis.
Accordingly, proving simply that the other parent is not fit to have custody over the child is not enough to establish one’s own custody rights in court.
When Can Custody Be Lost by the Mother or Father?
A parent can lose custody rights when:
- one of the custodian’s requirements is not met;
- the custodian fails to perform his or her duties;
- the custodian is unable to perform his or her duties;
- the custodian moves to another place in a manner that will negatively affect the child’s interests;
- a person who is entitled to custody does not assert his or her rights within the period provided by the law without justification;
- in connection with the introduction of certain restrictions or requirements for the new custodian, whose residence with a child previously entitled to custody is temporarily limited;
- due to the custodian’s inappropriate behavior affecting the child.
The loss of custody rights is not necessarily permanent. If a person’s custody rights are temporarily limited or he or she loses them, but the reasons for this are eliminated, then the custodian can apply to the court to restore custody.
Does the Mother’s Remarriage Automatically Result in Loss of Custiny?
It is wrong to say that the mother, having lost custody due to remarriage, should be deprived of custody rights automatically in all cases.
Both the Personal Status Law and the Judicial Regulations contain special requirements for a female custodian, including in cases of remarriage to a man who does not have custody of the child. In addition, when considering the issue of custody for the mother, the court takes into account the best interests of the child, which must also be emphasized.
When Does Child Custody End in the UAE?
According to the new UAE Personal Status Law, custody ends when the child reaches 18 years of age.
This is an important point when comparing the current law with previous provisions, as outdated information should not be relied upon regarding the age at which a mother’s custody ends for a male or female child.
There are also specific provisions where the child has a mental condition, dementia, or a disabling illness, under which custody may continue in accordance with the applicable legal requirements and the best interests of the child.
Can a Child Choose to Live With the Father or Mother?
From the age of 15, a child has the option to live with either of his or her parents, unless the best interests of the child indicate otherwise.
Accordingly, it should be emphasized that the above paragraph does not mean that a child who has turned 15 automatically gains full custody. It only refers to the child’s opinion on the matter of choosing between the parents. On the contrary, the child’s custody is generally transferred to the father at the age of 18, unless otherwise decided by the court.
Can the Custodian Travel with the Child outside the UAE?
Traveling with the child outside the UAE is one of the contentious issues that could cause disagreement between parents.
The law stipulates that_custodian’s travel with the child outside the UAE is subject to the conditions and approvals stipulated by law, which in case of disagreement, the matter is referred to court.
also law regulates custody-related issues, including the child’s passport and documents.
Thus, if either party wants to:
- Travel with the child outside the UAE
- Keep the child’s passport
- Prevent the other parent from traveling with the child
- Take the child’s passport
- Obtain a judicial decision to allow travel;
It is recommended to review the relevant legal provisions before proceeding.
What Are the Father’s or Mother’s Rights to See the Child after Divorce?
Custody does not give the custodian the right to prevent the other parent from seeing his or her child. The Personal Status Law stipulates the other parent’s visitation rights over the child, including:
- Visiting the child
- Sending for the child
- Taking the child out
- Keeping the child overnight
Such terms are subject to the mutual agreement of both parents. In the event of disagreement, the Abu Dhabi Sharia Court will decide on the matter taking into account what is in the best interests of the child.
Can the Child Visitation Schedule Be Changed?
The visitation schedule can be changed depending on the agreement between parents or the court’s decision in this regard.
In addition, there are procedures for enforcing judgments and for varying and modifying the terms of visitations when it is determined that they are in the best interests of the child in accordance with the law.
Thus, disagreements about the child’s visitation schedule may concern:
- The place of visitation
- The time of visitation
- The duration of visitation
- Taking the child out
- Keeping the child overnight
- The child’s travel between the parents’ places of residence
- Enforcement of the judgment in general;
What Happens If One Parent Refuses to Comply with a Visitation Judgment?
When a judgment is issued regarding the child’s visitation schedule, taking the child out, or keeping the child overnight, and the obligated party refuses to comply, the matter falls under the jurisdiction of the enforcement courts, which are tasked with ensuring that the judgment is carried out, and this process is usually led by a Child Custody Lawyer in Abu Dhabi.
The Judicial Department of Abu Dhabi provides procedures and services for enforcing personal status judgments, including child support and alimony judgments.
Thus, in the event of enforcement problems, it is necessary to study the wording of the judgment, the circumstances of the case, and the manner of the parent’s refusal before proceeding.
Is the Custodian Entitled to Housing After Divorce?
Custodial housing is one of the important matters relating to the child support.
The current provisions regulate the custodian’s entitlement to housing allowance subject to specific conditions, while taking into consideration whether the custodian owns a residence that they live or has a residence designated for their accommodation.
The UAE Federal Supreme Court has confirmed in published judgments that matters relating to custodial housing are subject to the court’s assessment and the circumstances of each case, and that decisions concerning such matter can be influenced by changes in circumstances.
The Abu Dhabi Judicial Department includes custodial housing among the rights of children that may be subject to a claim.
Does Leaving the Marital Home Cause the Mother to Lose Custody?
It is not correct to state that simply leaving the marital home automatically leads to the mother losing custody.
UAE Personal Status Law regulates this matter separately, providing that the mother leaving the marital home due to a dispute or for another reason does not, by itself, lead to the loss of her right to custody, unless the best interests of the child require otherwise.
This is one of the matters that must be assessed according to the circumstances of each case rather than applying a general rule to all cases.
Does the Custodian’s Marriage Affect Custody?
The custodian’s marriage is one of the matters that may be considered when assessing the requirements for custody. However, it should not be stated that every marriage automatically leads to the loss of custody.
The law establishes requirements for a female custodian, including a specific provision concerning the marriage of a female custodian to a man who is a stranger to the child, while taking into consideration the best interests of the child in the cases determined by the court.
Therefore, the following should be examined:
- The identity of the husband.
- The husband’s relationship with the child.
- The child’s circumstances.
- The environment in which the child lives.
- Whether the child’s best interests are being served.
- The remaining custody requirements.
What Is the Difference Between Custody and Guardianship?
This is a very important point that is often misunderstood.
Custody concerns the care, protection, upbringing and welfare of the child.
Guardianship, on the other hand, concerns the legal powers and authorities established by law in relation to the affairs of the child.
The new law also regulates educational guardianship, giving the custodial mother a role in educational guardianship in accordance with the applicable legal provisions and requirements.
Therefore, the fact that a child is in the custody of one parent does not automatically mean that all legal guardianship matters are transferred to that parent.
Does Custody Mean That the Child Always Lives With the Mother?
Not necessarily. The child’s living arrangements are not necessarily fixed simply because custody has been established.
There may be separate matters relating to:
- Visitation.
- Taking the child out.
- Overnight stays.
- Travel.
- School.
- Medical treatment.
- Official documents.
- Educational guardianship.
- The child’s place of residence.
Therefore, each aspect of the child’s life should be assessed according to the applicable judgment or agreement and the law governing the case.
Child Support After Divorce
The obligations of the parents towards their children continue after divorce.
In particular, child support is one of the most important financial rights associated with custody, covering the needs regulated by the Federal Decree-Law No. (41) of 2024 on Personal Status according to the circumstances of the person entitled to support, the financial circumstances and applicable legal criteria.
Among the rights of children in custody, the Abu Dhabi Judicial Department explicitly includes the following:
- Child support.
- Custodial housing.
- School fees.
- Custody fees.
Child support and increasing child support are also listed among the matters relating to support.
What Does Child Support Include After Divorce?
Child support includes the basic needs regulated by law, including:
- Food.
- Clothing.
- Housing.
- Medical treatment.
- Education.
The amount of child support varies depending on the circumstances of each case.
Here it is important to distinguish between the components of child support under the law and the amount awarded by the court in a particular case.
How Much Is Child alimony After Divorce?
There is no single fixed amount of child support for every child.
When assessing child support, a number of factors are taken into consideration, including:
- The financial capacity of the person responsible for support.
- The circumstances of the person entitled to support.
- The economic situation.
- The time and place.
- The actual needs of the person entitled to support.
Therefore, to answer the question “How much is child support?” with a fixed amount such as AED 2,000, AED 3,000, or AED 5,000 for all cases is not a general legal rule.
The more accurate approach is to examine the income of the person legally responsible for support, the children’s needs and the relevant financial obligations and expenses.
Does Child Support Include Education and Medical Treatment?
Yes. Education and medical treatment are included among the basic needs covered by the regulation of child support, as well as food, clothing, and housing.
However, determining the amount to be paid by the person responsible for support in a particular case depends on the circumstances of the case and the applicable legal criteria, rather than merely on the existence of an educational or medical expense.
Therefore, when making a claim for child support, it is useful to prepare documents demonstrating the children’s actual expenses.
Does Child Support Include School Fees?
School fees are among the rights relating to children in custody, both boys and girls, listed by the Abu Dhabi Judicial Department among the rights of children in custody, together with child support, custodial housing and custody fees.
However, determining what the child is entitled to and how the amount is assessed depends on the circumstances of the case, the financial obligations and the facts presented before the competent authority.
Can Child Support Be Increased After a Judgment Is Issued?
Yes. A request may be made for an increase or reduction in the child support when circumstances change, in accordance with the applicable legal requirements.
Judgments and agreements relating to child support are not necessarily immune from reconsideration if the circumstances on which the assessment was based have changed.
The Federal Supreme Court has confirmed in published judgments that judgments and agreements relating to the support have temporary legal effect and may be reconsidered when circumstances change.
Accordingly, a claim or request may relate to:
- Increasing child support.
- Reducing child support.
- A change in the income of the person responsible for support.
- A change in the children’s needs.
- A change in economic or family circumstances.
Is a Divorced Woman Entitled to Support After Divorce?
A distinction must be made between the support for the divorced woman and the child support.
Support for the divorced woman depends on the type and circumstances of the separation, the waiting period, and the legal provisions applicable to the case according to Federal Decree-Law No. (41) of 2024 on Personal Status.
Child support, on the other hand, is an independent right.
Therefore, a divorce case may involve more than one type of financial right, such as:
- Waiting-period support in cases where it is applicable.
- Mut’ah compensation in cases where its provisions apply.
- Child support.
- Custodial housing.
- Fees or expenses relating to the children.
The Abu Dhabi Judicial Department lists matters such as dowry, waiting-period support and Mut’ah compensation among “rights arising from divorce,” while separately addressing the custody services and child support.
Child Custody Lawyer in Abu Dhabi
In the event that you have a case related to child custody, alimony, visitation of the child, a custody residence, or traveling with the child, the first step is to understand the full legal situation of the case and determine the appropriate request according to the facts and documents.
Dr. Abdullah Bin Yarouf Law Firm and Legal Consultations provides legal services in matters of personal status, divorce, child custody, alimony, and Abu Dhabi, with a study of the circumstances of each case, the documents, and the relevant previous judgments.
In the event that custody and alimony are part of a broader divorce case, you can also go to the main guide: Divorce Lawyer in Abu Dhabi
What Documents May a Child Custody and Alimony Lawyer Need?
The documents vary depending on the nature of the case, but studying the case may require documents such as:
- Emirates ID.
- Passports.
- Children’s birth certificates.
- Marriage contract or divorce document.
- Previous court judgments.
- Previous agreements or minutes.
- Documents related to income when necessary.
- Documents related to the children’s expenses.
- School documents.
- Medical documents when there are treatment needs.
- Housing documents.
- Documents related to travel or residence.
- Any evidence related to the custody or visitation dispute.
It should not be assumed that all of these documents are required in every case; the file determines what needs to be submitted.
How Do You Start Child Custody or Alimony Proceedings?
The Abu Dhabi Judicial Department explains that Family Guidance deals with a number of family disputes before the request moves to the competent court in cases where the procedural system requires it. The department also provides electronic services for registering family disputes.
The case may include:
- Registering the dispute or request.
- Presenting the matter to Family Guidance when this is required.
- Attempting to reach a solution or agreement.
- Referring the request to the competent court when a settlement is not reached in accordance with the procedures.
- The court considering the evidence and requests.
- Issuance of the judgment.
- Moving to enforcement when necessary.
Steps for Filing the Case with the Competent Authorities
Start by gathering the documents that prove the relationship between the parents and the child and the need for custody. Then go to the Family Guidance Section at the competent court or the Public Prosecution according to the local system. Submit your request together with the proposed hearing sessions and a child care plan. The forensic doctor or specialists will issue reports when necessary to ensure the best interests of the child.
There are sequential procedures that include filing the case, followed by direct notification of the other party and setting a date for the first hearing. It is preferable to have a specialized lawyer follow up on the file and explain to you the rights and obligations before the court.
Legal Types of Custody in Family Court Cases
Sharia Custody and Civil Custody
Sharia custody is based on Sharia principles, which means applying Islamic custody models while taking into account the child’s interests and a certain age to transfer custody. In addition, many aspects of Sharia custody require the intervention of the competent authority to regulate Sharia and guardianship issues based on Sharia sources.
Meanwhile, civil custody follows federal civil law and is outside the framework of Personal Status Law for Muslims (Federal Decree-Law No. 41 of 2022 concerning Personal Status for Non-Muslims).
In comparison with Sharia custody, civil custody is more focused on the child’s practical life, studying, and living conditions, and the interaction of both parents.
Legislative Developments Related to Personal Status Law in UAE
The Personal Status Law in the United Arab Emirates has seen substantial legislative developments.
Federal Law No. 28 of 2005 concerning Personal Status was the leading source of law regulating marriage, divorce, khulʿ, custody, child support, wills, compulsory wills, legal capacity, and legal capacity for marriage.
Consequently, individuals still use the terms ‘Federal Law No. 28 of 2005’ or ‘Federal Law No. 28 of 2005 concerning Personal Status’ when searching for information regarding Personal Status Law.
When dealing with a custody, child support, or divorce-related issue, one has to rely on Federal Decree-Law No. 41 of 2024 concerning the Issuance of the Personal Status Law, the law in force, and the relevant amendments and regulations, taking into account the law applicable to the specific case.
The UAE Legislation website contains all the legal acts published in the Government Gazette, as well as other official documents, including texts of laws, decrees, regulations, etc. Thus, it is possible to locate the official text of the required law or legislation.
Wills / Compulsory Wills and Legal Capacity / Legal Capacity for Marriage Under Personal Status Law
Personal status issues include not only custody, child support, and divorce but also other aspects of individual law, such as wills, compulsory wills, legal capacity, and legal capacity for marriage. These terms are also related to Federal Law No. 28 of 2005 concerning Personal Status.
Accordingly, an individual searching for a Personal Status Lawyer in Abu Dhabi can come across the terms ‘Federal Law No. 28 of 2005’ or ‘compulsory wills and legal capacity for marriage and engagement.’ When using these search terms, one has to remember that these terms relate to a former law, and now one has to rely on Federal Decree-Law No. 41 of 2024 concerning the Issuance of the Personal Status Law.
For the settlement of some individual status issues, the intervention of a Notary Public or the verification of the relevant documentation with the Ministry of Justice, depending on the jurisdiction, may be required.
Thus, when submitting an application or some documents concerning personal status issues, one has to make sure that the correct procedural rules are followed. This is especially true for custody, child support, and other family-related matters.
