What Is The Law Of Getting Custody Of Your Child In Dubai?
UAE has laws regarding the rights of a child’s mother and father. While mothers are generally favored when it comes to the custodian role, fathers can object to the court if they feel the mother is unfit or if her presence would negatively affect the child’s upbringing. If you are looking for your child custodian, you should hire the best family lawyer in Dubai.
Sharia law dictates that the custody of a child is with the mother until they reach 11 years old:
Under Sharia law, the custody of a child is with the Mother until the child reaches the age of 11. In some cases, the court may choose between the parents based on the child’s preferences. If a child cannot choose between the two parents, the court can draw lots to decide who the child will live with until the child reaches the age of eleven.
The age of the majority is 18 years, which has been interpreted as a condition for marriage and choosing between parents. According to al-Jawahir and al-Masalik, compensation for custody is not considered a wajib until the child reaches this age. The child’s father can also seek custody of the child.
Guardianship-Only Will allows both temporary and permanent guardians to be specified but cannot address properties:
In a Guardianship-Only Will, permanent and temporary guardians can be named and address properties. In a Guardianship-Only Will (GOW), the guardian of the estate may enter into a lease agreement or a cooperative agreement with another lessee or owner of other lands and minerals. These agreements are valid and enforceable against the estate.
If the temporary guardian dies, the court can appoint a new guardian. However, it must be determined that this is in the minor’s best interest. If a guardian files a petition for removal, the court may appoint a new guardian. The protected minor does not need to attend the hearing.
Courts act in the best interest of the child:
When deciding who gets custody of a child, the courts in the UAE consider many factors, including the child’s best interest. UAE courts do not discriminate between fathers and mothers regarding child custody, but the father should be prepared for a long and difficult battle. As the natural caregiver of the child, the mother has the advantage over the father in the UAE.