Custody is one of the sensitive and important issues in personal status laws, aiming to ensure children's rights and provide them with complete care in case of parental separation. In the United Arab Emirates, the regulation of custody falls under Federal Law No. 28 of 2005 on Personal Status and its amendments, which address various aspects related to custody and the rights of parents and children.
*Definition of Custody:*
Custody refers to the care, upbringing, and handling of a child's essential needs in terms of education, health, and physical and psychological development. Both parents share the duty of custody, but in case of separation or divorce, the custodian is determined based on the child's best interests.
*Priority in Custody:*
The UAE Personal Status Law gives priority to the mother for the custody of young children, especially girls until the age of 13 and boys until the age of 11, unless the court decides otherwise based on the child's best interests. After these ages, the child's best interest and right to choose are considered, allowing children to choose to live with one of the parents if circumstances permit.
*Custody Requirements:*
The law stipulates that the custodian must be an adult, sane, capable of raising the child, and free from serious contagious diseases. The custodian must also have good morals and sufficient financial ability to provide the necessary care.
*Custodian Rights and Duties:*
The custodian enjoys several rights, including living with the child, handling daily affairs, and making decisions regarding education and health. Conversely, the custodian must provide a safe and healthy environment for the child and ensure their physical and psychological well-being.
*Visitation Rights:*
The law acknowledges the right of the non-custodial parent to visit the child, organizing visits according to a specific schedule that considers the child's best interest and emotional comfort. The parties can agree on visitation arrangements, and in case of dispute, the court intervenes to set an appropriate schedule.
*Transfer of Custody:*
Custody can be transferred from one parent to another or to another person if the current custodian cannot provide appropriate care or poses a risk to the child. This transfer is done by submitting a request to the competent court, which makes its decision based on thorough investigations and the child's best interest.
*Recent Amendments:*
The UAE Personal Status Law has seen amendments aimed at enhancing children's rights and providing greater protection for them. These amendments include expanding visitation rights, expediting procedures to resolve disputes, and offering necessary support to families to ensure children's stability and growth in a healthy environment.
*Conclusion:*
The custody law in UAE personal status provides a comprehensive legal framework aimed at achieving the best interests of the child and ensuring their fundamental rights. By regulating custody and setting clear conditions and rights, the law strives to provide a safe and stable environment for children amidst family changes, ensuring they receive the necessary care for their healthy development.
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.