In UAE family law, custody is the day-to-day care and upbringing of a child, while guardianship covers decisions about the child's affairs, education and property. Which rules apply depends on religion, emirate and any choice of law: non-Muslims under Federal Decree-Law No. 41 of 2022 or Abu Dhabi Law No. 14 of 2021 start from joint custody, while Muslim families are governed by Federal Decree-Law No. 41 of 2024 on the Personal Status Law, in force since 15 April 2025.
Who this guide is for
This guide is for expat parents in the UAE who are separating, divorcing or already divorced and want to understand the basic custody terms. It covers non-Muslim and Muslim families and explains concepts only: every decision turns on the family's facts and the child's best interests. If a child may be at risk, contact the police or the relevant authority first.
Key terms
Custody (hadana). The care, upbringing and protection of the child. Article 112 of the 2024 Personal Status Law defines it this way.
Guardianship (wilaya). Responsibility for the child's affairs, discipline, direction and education, and for the child's property. Under Article 112, the father or other guardians usually hold it, but a custodial mother has educational guardianship.
Joint custody. Both parents share responsibility after divorce. The Abu Dhabi Judicial Department explains it as joint legal custody (a say in major decisions such as health, religion and schooling) and joint physical custody (time with both parents).
Best interests of the child. The test courts use in custody disputes. The Abu Dhabi court lists factors such as the child's needs, age and background, the child's wishes where old enough, any risk of harm, and each parent's ability to meet the child's needs and support the relationship with the other parent.
Which law applies
| Family situation | Main law | Custody starting point |
|---|---|---|
| Non-Muslim expats (federal) | Federal Decree-Law No. 41 of 2022 on Civil Personal Status | Custody is a joint and equal right of both parents after divorce (Article 10). Article 4 gives both parents an equal right to joint custody until the child is 18, after which the child may choose. |
| Non-Muslims at the Abu Dhabi Civil Family Court | Abu Dhabi Law No. 14 of 2021, with Resolution No. 8 of 2022 | The divorce ruling sets joint custody automatically (Resolution Article 26). Law Article 16 and Resolution Article 25 refer to joint custody until age 16, after which the child may choose. |
| Muslim families, and others the law covers | Federal Decree-Law No. 41 of 2024 on the Personal Status Law | After separation, custody goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, unless the court decides otherwise in the child's interest (Article 114). |
The 2024 law replaced Federal Law No. 28 of 2005 on Personal Status. Under its Article 1, it applies to non-UAE citizens unless one of them insists on applying their own law or another agreed law that UAE legislation permits.
Note the age difference above. Article 4 of the federal civil law says 18, while Article 16 of Abu Dhabi Law No. 14 of 2021 and Article 25 of Resolution No. 8 of 2022 say 16. The 2021 amendment to the Abu Dhabi law did not change this age. If this matters to you, ask a lawyer which rule your court will apply.
Ages under the 2024 Personal Status Law
Under Article 122, a child who reaches 15 may choose which parent to live with, unless the child's interest requires otherwise. Under Article 123, custody ends when the child reaches 18, although it can continue for a child with a serious illness or disability. The court still decides each case on its facts.
Travel with children
2024 Personal Status Law. Under Article 116, a custodial parent may travel abroad with the child with the other parent's written approval. The court may also authorise travel for up to 60 days in total per year, with a guarantee that the child will return. Under Article 117, the guardian may usually keep the child's passport but must hand it to the custodian for travel.
Abu Dhabi civil law. Under Resolution No. 8 of 2022, Article 37, neither parent may travel abroad with the child alone during joint custody without the other parent's court-authorised written consent or a judge's permission. Article 38 lets either parent ask the court for a temporary travel ban.
Federal civil law. The executive regulation of Federal Decree-Law No. 41 of 2022 (Cabinet Resolution No. 122 of 2023) covers travel. Under its Article 21, during joint custody a parent may not take the child abroad by their own decision if the other parent objects, unless a judge gives permission, and the court may ask for guarantees that the child will return. Under Article 22, either parent can ask the court for a temporary travel ban after divorce.
Family guidance before court
Divorce cases under the federal civil law go directly to court without family guidance (Article 3). In Abu Dhabi, civil divorce and related cases are also excluded (Resolution No. 8 of 2022, Article 39). Under Article 8 of the 2024 Personal Status Law, a supervising judge may refer the parties to family guidance before the case goes to court, but urgent and temporary custody orders are exempt. The Dubai Courts personal status claim service lists a Family Guidance referral decision among its documents, so check the current requirement for your file.
Step by step
- Identify your law and court. Note each parent's religion, nationality, emirate of residence and how you married.
- Write down the current arrangement. Record where the child lives, school, routines and how time is shared.
- Try to agree a written plan. Cover living arrangements, holidays, school, health decisions and travel.
- Get written consent before any trip abroad. Keep a copy, and take advice if the other parent objects.
- Use the correct application if you cannot agree. Abu Dhabi publishes custody dispute and interim order forms; Dubai cases use the Dubai Courts personal status claim service.
- Ask about urgent orders if needed. The Abu Dhabi rules allow interim applications, including allowing or banning a child's travel.
- Follow the order and keep records. The Abu Dhabi court can fine a parent or reduce their days for not following a joint custody schedule.
Documents checklist
- Child's birth certificate, passport and Emirates ID
- Parents' passports and Emirates IDs
- Marriage certificate and any divorce judgment
- Any parenting, settlement or marriage agreement
- School and medical records relevant to the child's needs
- Proof of each parent's address and residence status
- Written travel consents given or refused
- A dated log of contact, handovers and missed visits
- Legal translations of non-Arabic documents, where the court requires them
The evidence checklist builder can help you organise these into a clear index.
Common mistakes
- Treating custody and guardianship as the same thing. One parent may have day-to-day care while the other keeps guardianship rights.
- Assuming the same age rules apply everywhere. The three laws use different wording and ages.
- Travelling without written consent. This can lead to a dispute or a court application.
- Holding back the child's passport or documents. Courts can order documents to be handed over.
- Using the child as a messenger. Keep communication between adults and in writing where possible.
When to speak to a licensed lawyer
Speak to a licensed family lawyer if the other parent objects to travel, wants to relocate or disputes joint custody, or if there are concerns about the child's safety. Advice also helps if you are unsure which law applies. A lawyer can explain how the court may approach best interests and which interim orders are available. Our guide on preparing for your first meeting with a UAE lawyer explains what to bring.
If you choose, CaseDaleel can introduce you to an independent licensed professional. Nothing is shared without your consent. You can start with a free case check.
Frequently asked questions
What is the difference between custody and guardianship?
Custody is the child's day-to-day care and upbringing, while guardianship covers the child's affairs, education decisions and property.
Is joint custody automatic for non-Muslim parents?
The federal civil law treats custody as a joint and equal right after divorce, and the Abu Dhabi rules say the divorce ruling sets joint custody automatically unless the court orders otherwise.
At what age does custody end?
Under the 2024 Personal Status Law custody ends at 18; the federal civil law refers to 18 and the Abu Dhabi civil law to 16, and both civil texts say the child may choose after that age.
Does my child get a say?
Under the 2024 law a child of 15 may choose which parent to live with unless their interest requires otherwise, and the Abu Dhabi court considers the wishes of a child of sufficient age and understanding.
Can I travel abroad with my child without the other parent's consent?
Generally you need the other parent's written consent or court permission, and the exact rule depends on which law applies to your family.
Which court handles custody disputes in Dubai?
The Dubai Courts Personal Status Court hears custody and other personal status cases for both Muslims and non-Muslims.
Official sources
- UAE Legislation — Federal Decree-Law No. 41 of 2022 on Civil Personal Status
- UAE Legislation — Federal Decree-Law No. 41 of 2024 on the Personal Status Law
- Abu Dhabi Judicial Department — Abu Dhabi Civil Family Court (child custody)
- Abu Dhabi Judicial Department — Abu Dhabi Law No. 14 of 2021 and Resolution No. 8 of 2022 (PDF)
- Dubai Courts — Personal Status Claims and Articles service
- UAE Legislation — Cabinet Resolution No. 122 of 2023 on the executive regulation of the Civil Personal Status law
- Abu Dhabi Government — Official Gazette No. 11 of 2021, Law No. 14 of 2021 (Arabic)
- Abu Dhabi Government — Official Gazette No. 12 of 2021, Law No. 15 of 2021 amending Law No. 14 of 2021 (Arabic)
General information, not legal advice. CaseDaleel is not a law firm.