ARTICLE
5 August 2025

Who Will Be Granted Custody Of The Children In A Case Of Parental Neglect In The UAE (Video)

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Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law
United Arab Emirates Family and Matrimonial

Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law. But there may be cases when those entrusted to take care of a child are themselves the perpetrators of neglect towards the child. The UAE laws are very strict when it comes to the protection of children, and have laid down penalties if it is found that a child has been subject to neglect by his custodian.

Is there any law defining child neglect and the consequences thereof, in the UAE?

The most comprehensive piece of legislation on children's rights, Federal Law No. 3 of 2016 On Child's Rights, also known as Wadeema's Law, defines child neglect. Accordingly, it means failure of the parents or one in charge of custody of the child to take the required actions for protection of life, physical, mental and moral integrity of the child, his rights as well as protection from risks.

What are the duties of a custodian under Wadeema's Law?

As per Article 15 of the Law on Child's Rights, it is the responsibility of the child's parents, or their equivalents, and the custodian, to provide the child with the requirements of family safety within a coherent and cooperative environment. Further, it is the duty of the custodian to undertake all measures to raise, care for, guide and develop the child in the best possible way.

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.

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