What are parents’ legal obligations regarding children’s custody and parental responsibility after the relationship or marriage breaks down?
Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the custodian of young children, for boys until the age of 11 and for a girl until the age of 13, and the father, the guardian. The custodian is obliged to care for the child, meet the child’s day-to-day needs and have the child live in their home.
Under what circumstances may a parent apply to remove their child from the jurisdiction against the wishes of the other parent?
The custodian of the child may not permanently settle the child in another country if it would cause harm to the father, and if the distance between the two countries prevented the non-resident parent from visiting the child and returning home in one day (Article 151).
If the guardian can prove that his residence in the UAE has expired for valid reasons, such as the end of his employment, or due to any other reason, which the court will not find arbitrary, the court may allow the guardian to take away the children and the mother will have the choice to join them or not.
What are the obligations of a custodian?
As set out in Article 143 and 144 of the Personal Status Law, a custodian must:
i. Be rational
ii. Be mature enough and have attained the age of puberty
iii. Be honest
iv. Be able to bring up and take care of a child
v. Be free from infectious disease
vi. Not have been sentenced to a crime of “honour”
vii. If the custodian is the mother, she must:
a) Not remarry unless the court decides it is in the best interests of the child
b) Be the same religion as the child
viii) If the custodian is the father, he must:
a) Have a suitable woman living in his home to care for the child (such as a female relative)
b) Be the same religion as the child
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