Child Custody Laws Dubai UAE: A Comprehensive Guide to Navigating the New Personal Status Framework

Child Custody Laws Dubai UAE: A Comprehensive Practitioner’s Guide Under the New Personal Status Framework

Estimated reading time: 18 minutes

Key Takeaways

• A modern, codified framework prioritises the best interests of the child and shared parental responsibility.
• Parallel regimes exist: Federal Decree-Law No. 41 of 2024 for Muslims and Federal Decree-Law No. 41 of 2022 for non-Muslims, plus Abu Dhabi’s local law.
• Early dispute resolution is governed by Federal Administrative Decisions No. 66 of 2025 on the Regulation of the Work of Arbitrators and No. 67 of 2025 on the Family Guidance Regulation, which empower family guidance counsellors and arbitrators in personal status matters, and by Dubai Law No. 18 of 2021, as amended by Law No. 9 of 2025, which regulates conciliation procedures before the Dubai Centre for Amicable Settlement of Disputes.
• Detailed processes govern guardianship appointments, maintenance calculation and robust electronic enforcement.
• Cross-jurisdictional considerations in DIFC/ADGM and integrated e-government systems streamline documentation and travel permissions.

1. Introduction, Scope and Client Objectives

Child custody laws in Dubai and the United Arab Emirates are now governed by a modern, codified framework that prioritises the best interests of the child, shared parental responsibility and structured dispute-resolution mechanisms. Following the new federal personal status legislation of 2025, custody, guardianship, maintenance and visitation are treated as continuing responsibilities for both parents.

As a full-service Dubai law firm, ProConsult Advocates & Legal Consultants advises clients in complex custody disputes, asset-rich divorces and cross-border matters, drawing on over three decades of practice and expertise in divorce for expats in UAE. For original statutes, consult the official federal legislation portal for personal status laws and implementing decisions.

2. Contemporary Legislative Framework Governing Child Custody

UAE personal status regimes operate in parallel:

• Federal Decree-Law No. 41 of 2024 – Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, effective 15 April 2025, fully replaces Federal Law No. 28 of 2005 on Personal Status and modernizes marriage, divorce, custody and maintenance matters for persons governed by Sharia principles in the United Arab Emirates.
• Federal Decree-Law No. 41 of 2022 on Civil Personal Status (non-Muslims) – Federal Decree-Law No. 41 of 2022 on Civil Personal Status, in force since 1 February 2023, provides for a secular personal status framework for non-Muslim persons in the United Arab Emirates (except where local law in Abu Dhabi applies) and establishes joint custody of children until age 18 with equal parental rights.
• Abu Dhabi Law No. 14 of 2021 (civil marriage for non-Muslims in AD) – coexists with the federal civil law under transitional rules.

Practitioners must classify cases under the correct regime before drafting claims, selecting remedies and structuring parental rights documentation.

3. Fundamental Principles for Awarding Custody

The best interests of the child is the overriding criterion under both Muslim and non-Muslim frameworks. Courts assess:

• Age, health, emotional and psychological needs
• Education, stability of residence and social environment
• Caregiving history, cooperation capacity and parental conduct
• Child’s preference from age 15 (in private, in-camera) and any expert social or psychological reports

Custody continues until age 18 for all children, with joint responsibility as the starting point and rebuttable only where the child’s welfare demands otherwise.

4. Custody Dispute Resolution and Mediation Processes

Litigation is not the default. Mandatory mediation frameworks include:

• Resolution No. 67 of 2025 (Family Guidance Regulation) – family guidance units facilitate settlement and execute agreements as judicial deeds.
• Resolution No. 66 of 2025 (Arbitrators) – arbitrators assist in high-value or complex disputes.
• Dubai Law No. 18 of 2021 & Law No. 9 of 2025 – CASD conciliation is mandatory before court registration.

5. Appointment of Guardians for Minors (Wilāya)

Custody (ḥaḍāna) covers daily care; guardianship (wilāya) covers legal representation and property management. Key points:

• Successor guardians can be appointed by will, subject to court approval.
• Court-appointed guardians require sound mind, capacity, clean record and often the same religion as the minor.
• Guardianship ends at majority (18 years) or upon death, incapacity or removal for breach.

For complex estates, align guardianship instruments with wills and trust deeds.

6. Child Maintenance: Calculation Methodology and Enforcement

The father remains primarily obligated, but courts consider both parents’ means. Maintenance factors:

• Paying parent’s income, earning capacity and pre-separation standard of living
• Actual costs: education, medical, housing, extracurriculars
• Dubai Decision No. 3 of 2021, as adopted by the Dubai Courts, provides non-mandatory guidance on income bands for maintenance assessments, which courts may refer to but are not bound by; maintenance is determined by the court based on the parties’ financial capacity and the child’s needs

Maintenance orders are executive deeds, enforced electronically via salary garnishment, asset seizures and travel bans. Variation requires proof of material changes.

7. Parental Rights Documentation, Registration and Travel Procedures

Court orders become executive deeds and integrate with e-government systems. Key systems:

• Electronic linkage with civil-status, immigration and e-court portals
• Civil registration of birth certificates, Emirates IDs and passports
• Secure e-affidavits for travel consent under Resolution No. 69 of 2025

Unilateral withholding of passports is prohibited; courts grant travel leave based on best interests.

8. Modification of Custody and Maintenance Orders: Procedures and Evidence

Modifications require proof of a material change in circumstances. Process:

• File at Family Court of First Instance; identify the existing order and proposed changes
• Mandatory referral to Family Guidance or conciliation before adversarial hearings
• Evidentiary rigour: updated financials, school/medical reports, visitation logs, expert testimony

Children aged 15 years and above may state a preference in custody proceedings, which courts will consider as part of a holistic best-interests analysis; custodial arrangements including visitation may be restructured where there is credible evidence of repeated breaches of ordered contact, harmful conduct, or risk to the child’s welfare.

9. Cross-Jurisdictional and Practical Considerations

Consider onshore vs. DIFC/ADGM frameworks:

• Onshore courts: Arabic, federal personal status laws, local regulations
• DIFC/ADGM courts: English, common-law style, require recognition for onshore enforcement
• International relocation issues require a detailed best-interests evaluation by the competent court. The United Arab Emirates is not a contracting state to the Hague Convention on the Civil Aspects of International Child Abduction, but UAE courts may apply analogous principles and consider international comity in determining cross-border child welfare disputes

Dubai’s Child Protection Division handles high-risk cases with rapid interim measures, reflecting a child-centred policy shift.

10. Conclusion and Strategic Recommendations

The UAE’s reformed personal status regime delivers a coherent, child-centred system based on shared responsibilities, robust mediation and digital enforcement. Key recommendations:

• Engage early with Family Guidance and conciliation in good faith.
• Maintain detailed records of caregiving, financial contributions and visitation compliance.
• Align guardianship and estate-planning instruments with statutory requirements.
• In cross-border or high-value cases, secure specialist advice for forum selection and enforceability.

Additional Resources

• Navigating Family Law in UAE: A Comprehensive Guide for Divorce, Custody & Support
• Sharia Divorce UAE: A Comprehensive Guide to Muslim Family Law and Expat Divorce in Dubai
• Family Law Lawyers Near Me in UAE: Key Insights on Navigating the 2025 Landscape

FAQ

Q: What is the presumption under the new personal status law?

A: The law presumes joint custody and shared parental responsibility, rebuttable only if the child’s best interests require otherwise.

Q: How are maintenance amounts calculated?

A: Courts assess the paying parent’s income, the family’s pre-separation standard of living and actual costs (education, healthcare, housing) to set equitable maintenance.

Q: Is mediation mandatory before court proceedings?

A: Yes. Federal resolutions and Dubai’s conciliation laws require family guidance or CASD mediation before formal claims can be registered.

Q: Can a child over 15 choose which parent to live with?

A: Children aged 15+ can express a housing preference in private proceedings; the court considers this alongside the overall best-interests analysis.

Q: How do cross-jurisdictional courts affect enforceability?

A: Orders from DIFC/ADGM may require onshore recognition for enforcement against onshore assets or immigration records; strategic forum selection is critical.