UAE: Family Law Reforms
Khaleej Times, 10 January 2025: The UAE’s newly introduced family law represents a significant modernisation of the legal framework, aimed at enhancing the protection of children and families.
Set to take effect in April 2025, this legislation brings about substantial changes in child custody arrangements, financial rights, and educational guardianship.
One of the most notable amendments is the extension of custody age to 18 for both boys and girls, reflecting a stronger focus on the welfare of children while respecting their growing independence.
Previously, custody was granted to mothers until boys turned 11 and girls turned 13.
Now, children at the age of 15 can choose which parent they wish to live with, provided the court deems their choice to be in their best interests.
In cases involving children with severe medical or psychological conditions, custody will remain with the mother unless the court finds an alternative arrangement more suitable.
The law also expands rights for non-Muslim mothers, allowing them to retain custody of their children from Muslim fathers beyond the age of five, subject to court approval.
This marks a significant departure from the previous law, which automatically transferred custody at this age.
The legislation introduces measures to expedite family-related disputes, with educational guardianship primarily remaining with the mother but now addressable by the Urgent Matters Court for more efficient resolution.
Parents now have one year, instead of six months, to file custody claims, with courts able to grant further extensions for valid reasons.
This adjustment ensures that technicalities do not override the best interests of the child.
Equal travel rights for parents are also established, allowing either parent to travel alone with their child for up to 60 days per year, with extensions possible in special circumstances.
The law broadens the definition of family support to include non-cash assistance, such as benefits or in-kind contributions, allowing families to meet their specific needs more effectively.
Wives can now claim backdated maintenance for up to six months and request increases in mandated amounts, with monthly alimony payments given precedence over most other debts.
Stricter controls have been introduced regarding the handling of children’s identification documents, with severe legal consequences for misuse.
Criminal penalties are established for custodians who violate travel provisions or fail to deliver documents to the rightful guardian, highlighting the UAE’s commitment to safeguarding children and protecting family rights.
This new family law reflects the UAE’s dedication to fostering stronger family bonds and ensuring the best interests of all its members, in line with the country’s progressive vision for a modern society.
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