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Child custody is an important consideration when spouses are getting divorced. While divorce in itself is a tough situation to be in, when there are children involved, it becomes a harder situation. In this article, we will discuss the crucial points to be kept in mind for child custody.
1. Who is a Custodian?
Under the Federal Law No. 5 of 2005 (UAE Personal Status Law), a custodian is an individual concerned with the child's day to day life, involved in raising, taking care and bringing up the child. A guardian on the other hand, financially maintains the child, makes decision regarding the child's education, upbringing and generally takes care of the child's affairs.
According to Article 146 of the UAE Personal Status Law, the mother has the first right to be a custodian, followed by the father.
2. Conditions to be met by a custodian
Under Article 143, a custodian must meet certain specified conditions. These include having sound judgement, attained the age of maturity, fidelity, ability to raise the fostered child and provide for his maintenance and care, safety from dangerous contagious diseases and not previously condemned for a crime against honor.
In addition to the above, in accordance with Article 144 of the UAE Personal Status Law, if the custodian is a woman, then she should be of the same religion as the child and not be married to a man not related to the child, unless the court decides otherwise in the interest of the child.
Article 145 of the UAE Personal Status Law states that if the mother is of a different religion than the child, the custody will be forfeited unless the judge regards the custody of the child with the mother in the interest of the child. However, in this case, the period of custody ends upon the child completing 5 years.
3. Till when can the mother have custody?
The right of the mother to have custody of the child ends upon the male child reaching the age of eleven and the female child reaching the age of thirteen, unless the court believes that extending the age of custody is in the children's best interest. In this case, the extension may be till the male child reaches the age of maturity and the female, up to her marriage.
The father has the right to claim custody once the son and/or daughter reach the age of 11 and 13, respectively. Article 156 of the UAE Personal Status Law further states that the mother will continue to have custody where the child is of unsound mind or suffering of a disabling illness.
It may also be noted that the mother is entitled to the custody of the children during court proceedings, unless the judge believes that such custody is not in the interest of the child.
4. Custodian Fee and other financial support
The mother may claim maintenance for the children.
The custodian of the child has the right to claim a custody fee from the children's father in consideration of the performance of her services as a custodian of the children. Additionally, a father is required to financially support the boy until he finishes his education and the girl until she is married under Article 78. Temporary child support may also be claimed till the case is decided as per Article 68 of the UAE Personal Status Law.
Conclusion
The above only gives a brief snapshot of the various rules involving custodianship in the UAE. If you are in need of legal advice regarding your child's custody, reach out to our expert family lawyers today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
