Child CustodyUnder UAE Personal Status Law

How child custody works in the UAE

UAE law separates custody, which is the child's day-to-day care, from guardianship, which covers maintenance, housing and major decisions. By default the mother is custodian and the father is guardian. Under Federal Decree-Law No. 41 of 2024, custody lasts until 18 for boys and girls, and a child aged 15 can choose which parent to live with.

UAE law separates two roles that many other countries combine. Custody (hadana) is the day-to-day care of the child: where the child lives, daily upbringing and, under the 2024 law, educational decisions. Guardianship (wilaya) is responsibility for the child's financial welfare and important decisions: maintenance, housing, schooling costs, healthcare, and supervision of the child's upbringing. By default, the mother is the custodian and the father is the guardian, but the court can decide otherwise in the child's best interests.

Federal Decree-Law No. 41 of 2024 on Personal Status, in force since 15 April 2025, changed the rules significantly. Custody used to end at 11 for boys and 13 for girls. It now continues until the child turns 18 for both, and longer for a child with a disability who needs continued care. A child aged 15 or over can choose which parent to live with. These rules apply to ongoing cases where no final judgment had been issued when the law came into force.

Non-Muslim parents can rely on Federal Decree-Law No. 41 of 2022 on Civil Personal Status, under which both parents share joint custody until the child turns 18. In Abu Dhabi, the Abu Dhabi Civil Family Court applies a similar joint custody approach.

At what age can a child choose which parent to live with in the UAE?

Under Federal Decree-Law No. 41 of 2024, in force since 15 April 2025, a child aged 15 or over can choose which parent to live with, and custody now lasts until 18 for boys and girls. Under the old law, custody ended at 11 for boys and 13 for girls, and the child had no legal right to choose.

If your child is close to 15, the court will usually hear the child's preference directly. Speak to a lawyer before then if you expect the other parent to dispute it. For travel with children during or after a custody case, see travel bans in the UAE.

Who can be a custodian?

Under Article 113 of the 2024 Personal Status Law, a custodian must be at least 18 if a parent or 21 if another relative, of sound mind and able to raise and protect the child, with no conviction for an honour-related crime and no history of substance abuse. The court always decides based on the child's best interests.

Under Article 113 of the 2024 law, a custodian must:

• be at least 18 years old if a parent, or 21 if another relative;
• be of sound mind and able to raise, protect and care for the child, including overseeing education;
• have no conviction for an honour-related crime and no history of substance abuse;
• ideally share the child's religion, although the court decides based on the child's best interests, and a non-Muslim mother of a Muslim child is no longer limited to custody until age five.

If the father has custody of a daughter, an adult woman must live in the household. If the mother remarries, she may lose custody unless the court decides that staying with her is better for the child.

When can custody be lost?

Under Article 115, a custodian can lose custody by moving somewhere that harms the child, behaving in a way that harms or neglects the child, living with someone whose custody was removed, or no longer meeting the custodian conditions. Not claiming a known custody right within one year can also end it. Custody can be restored once the reason ends.

Under Article 115, a custodian can lose custody if they move somewhere that harms the child's interests, behave in a way that harms the child, neglect the child or become unable to care for them, live with someone whose custody was previously removed, or no longer meet the conditions above. A person who knows of their custody right and does not claim it within one year can also lose it. Custody can be restored once the reason for losing it ends.

How do you file for child custody in Dubai?

A custody case in Dubai normally starts at the Family Guidance and Reconciliation section. If the parents do not agree, the claim is filed at the Personal Status Court, which may order a social or psychological report before ruling on custody, visitation and maintenance. Either parent can generally appeal within 30 days.

1. Assess your positionWe review the children's ages, current living arrangements, schooling, each parent's circumstances and any risks, and advise on the strongest realistic outcome.
2. Gather evidenceSchool reports, medical records, proof of housing and income, messages, and evidence of each parent's involvement in the child's daily life.
3. Urgent measures if neededWhere there is a risk of the child being taken abroad or harmed, we can ask the court for a travel ban or temporary custody without waiting for Family Guidance.
4. Family GuidanceCustody disputes normally start at the Family Guidance and Reconciliation section, where many parents agree a custody and visitation plan that a judge then approves.
5. Court claimIf there is no agreement, we file the custody claim at the Personal Status Court, often together with maintenance, housing and visitation claims.
6. Hearings and reportsThe court may request a social or psychological report and hear children of an appropriate age, then rules on custody, visitation and maintenance.
7. AppealEither parent can appeal, generally within 30 days of the judgment.
8. EnforcementIf a parent refuses to hand over the child or blocks visitation, we enforce the judgment through an execution file.

How long does a custody case take?

An agreed custody plan approved after Family Guidance usually takes 2 to 6 weeks, and urgent temporary custody or a travel ban a few days to a few weeks. A contested custody case typically takes 2 to 5 months at first instance, with an appeal adding about 2 to 6 months.

These are typical estimates. Social reports, the other parent being abroad, and appeals can add time.

Can the non-custodial parent see the child and travel with them?

Yes. The parent without custody is entitled to visitation on a schedule the parents agree or the court sets. But taking the child out of the UAE without the other parent's consent or a court order is punishable under the 2024 law by a fine of AED 5,000 to 50,000 or imprisonment.

The parent who does not have custody is entitled to see the child. Parents can agree a visitation schedule, or the court will set one, including overnight stays and holidays where appropriate. Video calls are commonly included where a parent lives abroad.

Travel is the most frequent source of conflict. Under the 2024 law, a parent who takes a child out of the UAE without the other parent's consent or a court order can be fined AED 5,000 to AED 50,000 or imprisoned. If the other parent refuses consent without good reason, the court can authorise travel. Disputes over who holds the child's passport and Emirates ID are also decided by the court.

Who pays child maintenance and housing in the UAE?

The guardian, usually the father, pays the children's maintenance, including food, clothing, housing, school fees, transport and medical care. The custodian usually has the right to suitable housing for the children or a housing allowance. The court sets the amount based on the father's means and the children's needs and can increase or reduce it later if circumstances change.

How much does a custody case cost in Dubai?

Custody claims in Dubai carry a fixed court fee as non-financial claims, while related maintenance claims may carry a value-based fee. Add the cost of attesting and translating foreign certificates, and expert reports where needed. We give a written fee quote after a confidential assessment.

• Court fees: custody claims are non-financial claims with a fixed court fee in Dubai, while related maintenance claims may carry a fee based on value. Check the current amount using the Dubai Courts fee calculator.
• Translation and attestation: foreign birth and marriage certificates need legalisation and certified Arabic translation.
• Reports and enforcement: some cases involve the cost of expert reports or execution files.
• Our legal fees: we give a written quote after a confidential assessment, with fixed fees for agreed custody plans and stage-based fees for contested cases.

What should parents do during a custody case?

During a custody case, keep the children's routine stable, keep a record of your daily involvement, communicate with the other parent in writing and politely, never involve the children in the dispute, and get legal advice before signing any agreement.

• Keep the children's routine stable and avoid sudden moves of home or school while a case is pending.
• Keep a record of your involvement: school meetings, medical appointments, activities and daily care.
• Communicate with the other parent in writing and politely, because messages are often filed as evidence.
• Never discuss the dispute with the children or ask them to take sides.
• Get legal advice before signing any custody or travel agreement.

How Husain Al Ali Advocates can help

We represent mothers and fathers in custody, visitation, travel and maintenance cases across the UAE. We focus first on agreements that protect children from long disputes, and we act quickly in court when urgent protection is needed. We advise in Arabic and English, in strict confidence.

Book a confidential consultation at our Oud Metha office in Dubai, call +971 4 451 0523, or message us on WhatsApp.

This page is general information about UAE law, not legal advice. Each custody case depends on its facts and the child's best interests.

Do not rely solely on the information available on the website; you should consult a lawyer to clarify many matters.

Frequently asked questions

What is the custody age in the UAE in 2025 and 2026?

Under Federal Decree-Law No. 41 of 2024, custody lasts until the child turns 18 for both boys and girls, and longer for a child with a disability who needs continued care.

At what age can a child choose which parent to live with?

At 15. A child aged 15 or over can choose to live with either parent.

Does the mother always get custody?

The mother is the custodian by default, but she must meet the legal conditions. The court can award custody to the father or another relative if that is in the child's best interests.

Does a mother lose custody if she remarries?

She may, but not automatically. The court can let her keep custody if staying with her is in the child's best interests.

Can a non-Muslim mother keep custody of a Muslim child?

Yes. The 2024 law removed the age-five limit. The court decides case by case based on the child's best interests.

Can I travel abroad with my child after divorce?

Only with the other parent's consent or a court order. Travelling without it can lead to a fine of AED 5,000 to AED 50,000 or imprisonment.

How do non-Muslim parents share custody in the UAE?

Under the civil personal status law, both parents share joint custody until the child turns 18, unless the court decides otherwise for the child's welfare.

Can a custody order be changed later?

Yes. Either parent can ask the court to change custody or visitation if circumstances change, for example if the custodian moves, neglects the child or no longer meets the conditions.

What can I do if the other parent stops me seeing my child?

You can enforce a visitation judgment through an execution file, or ask the court to set visitation if none exists. Repeated refusal can also count against the custodian.

How long does a custody case take in Dubai?

An agreed plan can be approved in a few weeks. A contested custody case usually takes two to five months at first instance.