Cases of Forfeiture of Mother’s Custody Rights Under UAE Legislation

Child custody is one of the most contentious issues between spouses after divorce. Often, one party may attempt to use custody as a means of pressure, retaliation, or emotional blackmail.

Accordingly, the UAE Personal Status Law regulates the rights and duties of parents toward their children. Under this framework, the father is recognized as the legal guardian, while the mother is granted custody, based on what the court deems to be in the best interest of the child.

In this context, UAE courts have issued various rulings to protect children, based specifically on Article (144) of Federal Law No. (28) of 2005 on Personal Status, which organizes mother’s custody provisions.

Mother’s Right to Custody Under UAE Law

• Priority: Article (146), Paragraph (6) stipulates that the mother has priority in custody in case of dispute, unless the court decides otherwise for the child’s welfare.
• Duration: Article (156) states that custody lasts until a male reaches 11 years and a female reaches 13 years, unless the court extends these periods for reasons such as the child’s education or the custodian’s marriage.
• Special Needs: If the child has a disability or a serious illness, the mother’s custody continues unless the child’s interest dictates otherwise.
• Alimony and Housing: Under Article (148), the person responsible for the child’s maintenance must provide housing for the custodian if she does not own a home. The mother is entitled to alimony covering food, clothing, travel, and childcare, regardless of her own financial status.

When Does a Mother Lose Custody?

The legislation outlines several circumstances where the mother’s right to custody is terminated:

1. Remarriage: If the mother marries a man who is a “stranger” (not a mahram) to the child.
2. Infectious Disease: If the mother contracts a contagious disease that could harm the child.
3. Mental or Psychological Health: If she suffers from an illness that poses a danger to the child.
4. Moral Misconduct: Involvement in cases contrary to public morals, rendering her unfit to provide a sound upbringing.
5. Difference in Religion: If the mother’s religion differs from the child’s, and it is deemed harmful to the child’s interest.
6. Incompetence: If the mother is unable or unqualified to provide adequate care.
7. Negligence: Failure to properly raise or care for the child.
8. Academic Failure: Significant academic decline or failure of the child can be a reason for losing custody.
9. Health Deterioration: If the child’s health suffers due to maternal neglect.
10. Substance Abuse: Using any type of narcotic or illegal substance.
11. Obstruction of Visitation: If the mother prevents the father from visiting the child or fails to bring the child to scheduled visits three consecutive times after a court ruling.

Other Circumstances for Forfeiture

1. Article (143) Requirements: Failure to meet conditions of sanity, maturity, honesty, or being convicted of a crime involving “honor and public trust.”
2. Article (144) Violations: Differing religion (as mentioned) or marrying a stranger.
3. Relocation: Moving the child to another country where it is difficult for the guardian (father) to perform his supervisory duties.
4. Failure to Claim: If the mother does not claim custody within six months of it becoming due without a valid excuse.
5. Co-habitation: If the new custodian (granted custody by the court) lives with the person who previously lost custody for reasons other than physical disability.

Privileges of the Custodian Mother

• The right to keep the children’s passports during travel (if ordered by the court to prevent obstruction by the guardian).
• The right to enforce judicial rulings regarding custody; a wife cannot be forced to waive custody.
• Restoration of Rights: Custody rights return to the mother once the reason for their forfeiture is resolved (e.g., recovery from illness or divorce from the stranger).

Conclusion

UAE Personal Status Law maintains a delicate balance between the mother’s rights and the father’s authority, using the “Best Interest of the Child” as the ultimate standard. By providing clear regulations, the law aims to protect children from being used as tools in parental conflicts, ensuring they grow up in a stable and safe environment.