Best Child Custody Lawyers in Dubai & Abu Dhabi
One of the most difficult parts of a divorce proceeding is often concerning the custody rights of children. We often meet with parents going through the most trying circumstances of custody cases and the right legal advice in the initial stage proves critical to the whole matter. The legal advice in such cases should come from a child custody lawyer in Dubai who has years of specialized experience in handling such cases.
The legal standpoint and the end objective of the child custody law in UAE is the best interests of the child. A particular facet of the child custody law in UAE are the different roles assigned to mothers and fathers. The mother and the father are accorded distinctive roles as that of ‘custodians’ and guardians’ respectively.
Child custody and its wider dimensions are one of the most challenging aspects of divorce proceedings. UAE laws on child custody and related rights are best understood in a concise manner to focus on the sole objective of ensuring and protecting the well-being of the child. Another unique aspect of UAE custody law includes the concept of ‘guardians’ and ‘custodians’ Wherein the father of the child is assigned the role of “guardian” and the mother of the child is assigned the role of a ‘custodian’ by law. A guardian is responsible for providing financial support to the child, while the custodian is responsible for physical custody and care.
Despite the unique position that UAE law confers on parents, they have the right to request and challenge the custody of the other parent. It is also the right of parents to make requests for valid visitation rights and control the factors that may lead to parental abduction of the child. The UAE courts also allow for expats to apply their home country laws if certain conditions are met. A Child Custody Lawyer in UAE is best placed to advise you on the legality and strategic benefits of choice of law. Always choose experts who specialize in custodial law, as they would be best placed to provide you with strategic advice. An expert Child Custody Lawyer in the UAE is adept at handling the most complex and sensitive custody cases related to child abduction or abuse. Always contact the experts and seek advice from the best law firms.
Child Custody in the UAE
A guardian of a child is responsible for the financial support of the child, makes important decisions about the upbringing of the child and usually takes care of the educational affairs of the child. On the other hand, the custodian takes care of the day-to-day affairs of the child and has actual physical custody of the child and must raise, care for and educate the child. These roles accorded by law to both the father and the mother as the guardian and custodian respectively, is however not always final and it is possible that one parent plays both roles.
Most often the mother is awarded custody pursuant to Article 156 of the UAE personal status law until 11 years of age for a boy and 13 years of age for a girl, whereas the father is always considered the guardian. However, that said everything is dependent on the best interests of the child and the law further sets out that these circumstances can change if the court determines something else is best for the child and this standpoint has been upheld by the UAE courts in many cases.
It is clear that legally and practically the same objective is always pursued and the custody is awarded to the parent who best meets the needs of the child.
Joint Custody Rights:
The UAE also allows for joint custody rights to expat parents and in such instance the father and the mother jointly agree on major points concerning the child such as the visitation rights, financial and the educational decisions etc. It is important that you receive the right legal advice from a child custody lawyer who is well versed in the child custody law in UAE, to ensure that you are properly guided through the legal nuances involved. It is important to understand that such aspects once agreed between the parties become final and therefore it is important that an experienced legal advice is obtained in such crucial issues.
Parental Child Abductions:
International parental abduction is when a parent takes a child out of the country where he or she is habitually resident and takes him or her to another country without the consent of the other person who has parental custody of the child. A child abduction case is often treated as a custody case in the United Arab Emirates. Further, in such cases if the courts ascertain that an actual case of parental child abduction exists then the same will be treated as a criminal offense.
The UAE is not a signatory to the 1980 Hague Convention on the ‘Civil Aspects of International Child Abduction’. The objectives of this multilateral treaty aim for establishment of definitive procedures that allow the prompt return of the children to their habitual country of residence while ensuring the protection of the access rights. Further it is important to know that a foreign court’s order is not directly recognized in the UAE but can submitted for the consideration of the UAE courts. However, in some instances there might exists a separate bilateral treaty between UAE and certain countries concerning international abductors and their extradition. A local UAE lawyer who specializes in child custody law and parental child abduction law is best suited to advice on these complicated legal issues.
