Marriage, divorce, succession, child custody dispute, maintenance, and guardianship are under the control of Personal Status law within the UAE. It is according to Sharia, which is a blend of the Quran and the Prophet's traditions with the Sharia principles. The custodial law in the UAE refers to an area of law that many people around the world do not know. In custody disputes, the final goal, and most important purpose, is the improvement of the child, as it is in countries throughout the globe. The different responsibilities are stipulated in UAE custody rules to parents and are a fascinating facet of law-making.
And in the middle of the dispute, it is probable that significantly related matters, like child custody, maintenance, and the allocating of assets may be overlooked. A parental debate concerning custody and maintenance of the child is probable to be dealt with under the PSL. The leading principle in the nature of the laws on the guardianship of a child and child custody dispute is according to the question “what is the child’s best interest?”
The Personal Status Law is according to Shariah Law principles and involves current needs. The law relevant to child custody dispute gives the court complete power to reject parental claims and give possession to a child in accordance with the kid's safety, security, and future. The Wadeema Law safeguards children against prejudice with reference to origin, gender, status, nationality, religion, socioeconomic position, or disability. The law also penalizes parents who ignore their child's wants and needs, leave them alone, or neglect to enroll them in school or register them at birth. It is forbidden to make children under the age of 15 work, and the law also prohibits any illegal working conditions that jeopardize their health, physiological, moral, or mental well-being.
Custody and Guardianship
Based on UAE law, there is a distinction between custody and guardianship. A kid's guardian financially supports and manages the child, makes important decisions with regard to the child's education and upbringing, and monitors the child's affairs on the whole. On the other hand, the custodian deals with the child's day-to-day affairs. The custodian is in charge of bringing up and looking after the child. It is possible for one parent to act in both positions. The custody of children is typically granted to the mother until they reach a specific age, but the father is considered to be the guardian. The Court, on the other hand, is able to issue decrees that are the best ones for a child.
Withdrawal of Custody
If the mother is regarded as ‘unqualified to be the kid's custodian, she will be deprived of the custody of the child. It is necessary for the mother to be of sound mind, honest, mature, competent in raising a child, free of communicable diseases, and not have been accused of any important crime. If the father claims that the mother is an unqualified custodian, the Court will carry out a complete inspection with statements, witness testimony, or an expert who may be demanded to report on the mother's mental well-being.
The Court does not carelessly and hurriedly conclude that a mother is an ineligible custodian. Irrespective of the claims or facts provided, the Court will make a decision according to the child's best interest. Some laws even make it necessary for a custodian to be of the same religion as the kid; still, courts cannot ignore this requirement if the child's needs and wants are better fulfilled by a person of a different religion.
The interest of the child is significant
According to UAE Personal Status Law, a child's custody should be given to the mother until age 11 for a male and 13 for a female. The law also stipulates that this situation may alter if the court makes a different decision.
Conditions to get child support
Although all elements of marriage, divorce, child custody dispute, and succession rights in the UAE for both citizens and residents are under the control of the UAE Personal Status Law. Still, under certain conditions, parties may request the UAE courts to make use of foreign laws in evaluating their lawful rights.
Supporting a child
The amount of contribution must be commensurate with the father's income and the child's needs. The child's monthly contribution is not fixed and may be decreased or increased based on the child's needs and the father's source of income.
Changes in conditions that exceed what the parent has expected may need changing the contractual contribution agreed upon by the parents. The father might meet his obligation either by paying the regular money or by welcoming and rearing the kid in the family home. A moral or lawful obstacle would inhibit the latter option.
The child support laws are impartial to both the father and the kids. A child support decree will not impoverish a parent. Still, the weak financial condition of the father should not impact the child’s rearing as no kid or child is fair to pay for his father's errors.
Solution under law
Based on the amended Civil Code, the mother may send a request letter to the incorporative father. If the father declines to provide support in spite of constant demands from the mother, a lawsuit may be brought before the UAE Family Courts. The mother might even request the father's employer to pay her straight from his salary. This does not prevent them from following executory solutions. The UAE legal system considers failure to pay alimony and child support a crime against the family.
Even in cases whereby two parents are married to each other, in the case of the demise of the husband the custody of the child shall be discussed and investigated. After the death, the child shall be assigned to institutional care until the court hears the issues and most probably gives guardianship to the mother. In order to prevent the deprivation of the child from the mother’s care in such situations the designating of an interim guardian is important. Hence, it is essential that a father incorporates in his will (or in a separate, signed and legally-enforceable document) an interim child custody agreement, accentuating that the child shall be under the guardianship of the alive parent or any other family member proposed in the agreement until the formal guardianship decree is issued by the court.