ARTICLE
6 June 2016

UAE Family Matters Q&A: Who Has Custody Pre-Judgment?

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Dr. Hassan Elhais

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Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2026 by Leaders in Law. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2025.
Question: My former partner and I are in a custody dispute. While the court dispute is going on and before any judgment, who has the right of custody?
United Arab Emirates Family and Matrimonial
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Question: My former partner and I are in a custody dispute. While the court dispute is going on and before any judgment, who has the right of custody?

Answer: In accordance with Article 146 of UAE Federal Law No 28 of 2005 referred to as the Personal Status law, the child should remain with the mother for the duration of a custody dispute.

Question: I am in a dispute with my former husband over child custody. After being divorced, can I stay with my child in another city in the UAE?

Answer: According to UAE laws, in general a divorce decree is issued as a revocable decree for three months. After that three months, referred to as Iddat, or waiting, period the divorce automatically becomes final and irrevocable. You will have the right to move to another city in the same country only after your divorce becomes irrevocable. However, it needs to be kept in mind that moving to a different city should not harm the child or the father, since some fathers may object in court to their child moving away from them, citing it as harmful to the child. It would always be advised to think carefully before making such a decision.

Previously published by The National

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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