Child custody cases in the UAE are highly sensitive and complex in court, especially when they concern the future of children. Under UAE law, the mother can be granted child custody in most cases, but this situation can change in certain circumstances.

The Mother’s Right to Child custody in UAE law

Under UAE law, the mother has the right to child custody because she is considered the party with the strongest emotional bond and ability to care for the child, especially in the early years of life. This right is based on the principle of “the best interest of the child,” which is the fundamental element guiding the court’s decisions in child custody cases.Annulment Lawsuit in UAE

According to the UAE Personal Status Law, a mother can obtain child custody unless there is a legal impediment. Custody ends when the child reaches the age of 18. However, when the child reaches the age of 15, they can choose to live with either parent unless the court deems otherwise for the child’s best interest.

If you need a consultation regarding child custody in the UAE, please contact us at Samaha Legal Consultancy.

Provisions of the UAE Child Custody Law Based on the New Personal Status Law Amendments

Conditions for the Custodian, whether the Mother or Another, to Obtain Child Custody

For the mother to be granted child custody, she must meet the following conditions:

1. She must be of sound mind, an adult, trustworthy, and capable of providing proper physical, educational, and psychological care for the child.
2. The mother must not be married to a man who is a stranger to the child, unless the court finds that this would not harm the child’s best interest.
3. She must be physically and mentally healthy and not suffer from any illnesses that would affect her ability to provide custody.
4. She must live in a safe and stable place that allows the child to grow in a suitable environment for development and learning.
5. The custodian must not be addicted to alcohol or any other type of narcotics.
6. The custodian and the child must be of the same religion, unless the court decides otherwise for the child’s best interest.
7. The custodian must not have been convicted of a dishonorable or indecent crime.

Visitation and Access Rights for the Non-Custodial Parent

The law allows the other parent (usually the father) the right to visit the child according to a schedule set by the court. This provision ensures that the child is not deprived of a relationship with either parent, despite the court granting child custody to the other.Best Law Firm in Abu Dhabi – 2025

Possibility of Transferring Child Custody

When children reach the legal age, they can choose to live with either the father or the mother. Additionally, either parent can file a request to change child custody if new reasons emerge, such as:

1. The custodian’s incompetence.
2. Prolonged travel without the child or without providing a suitable alternative.
3. The mother marrying a man who is not suitable for custody.

When Does the Mother’s Custody Right Cease under UAE law?

Although UAE law prioritizes the mother for child custody during the early years, there are limitations to this right. Specific conditions are in place to ensure the child’s protection and psychological and social stability. Therefore, many may wonder when a mother’s custody rights cease under UAE law.

The following are the main cases in which the mother’s child custody right ceases:

1. The Mother Marries a Man Who is a Stranger to the Child: Her custody right is forfeited if she marries a man who is not a mahram (a male relative she cannot marry), especially if the marriage negatively affects the child or does not serve their best interest.
2. Loss of a Custody Condition: If the mother loses any of the legal conditions for custody, she forfeits her right.
3. Abuse or Neglect: If it is proven that the child has been exposed to any form of physical or psychological harm, or if adequate health and educational care is not provided, the mother’s child custody right ceases immediately after the court verifies these facts.
4. The Child Reaches the Legal Age for Custody: When the child reaches the age specified by UAE law, custody automatically ends, unless the court decides otherwise based on the child’s best interest.
5. The Custodian Fails to Claim Custody for More Than One Year: If the custodian fails to claim their right to custody for a year, their custody right can be forfeited, unless the child’s best interest dictates otherwise.

How Samaha Legal Consultancy Can Assist You with Child Custody in the UAE law

Child custody cases in the UAE are among the most complex in personal status law due to their legal, psychological, and social dimensions, which directly impact the child’s future.

Therefore, seeking the help of a specialized law firm like Samaha Legal Consultancy is not just an option but a legal and strategic necessity to ensure the best possible outcome.The Best Law Firm in Dubai

Here are the best ways our firm can help you with child custody cases:

• Providing Precise Legal Advice: Our firm analyzes your situation and provides a detailed legal assessment based on your specific circumstances, whether you are claiming custody, defending your right to it, or seeking to understand when a mother’s custody right ceases.
• Building a Strong Legal Case Supported by Evidence: We build your legal case methodically, supporting your position with:
  1. Official documents (birth certificates, previous judgments, medical or school reports).
  2. Witness testimonies.
  3. Proof that the other party meets or fails to meet the custody conditions.
• Professional Court Representation: Our firm drafts compelling legal arguments and deals with judges in a professional legal language, giving you the best opportunity to win the case.
• Representing You in Enforcement Sessions and Following Up on Judgments: After a child custody judgment is issued, our firm plays a key role in:
  1. Enforcing court judgments related to custody, visitation, and financial support.
  2. Addressing any violations by the other party, such as denying visitation or neglect.
  3. Filing requests to modify or transfer custody if new legal developments arise.
• Negotiating to Avoid Escalation: In some cases, seeking reconciliation or an amicable settlement is better for the child. Our firm can negotiate on your behalf to reach a suitable agreement without resorting to court, saving effort, time, and emotional stress.
• Prioritizing the Child’s Best Interest: Samaha Legal Consultancy does not just defend you; we operate in line with the child’s best interest, providing you with advice at every legal step to serve the child’s stability and happiness.

Understanding personal status law, especially regarding child custody is an essential step to protect your children and ensure their psychological and social stability.The Best and Most Skilled Corporate Lawyer