Abu Dhabi Court Grants Aunt Full Custody of Child in Exceptional Case

 

In an exceptional ruling, the Abu Dhabi Civil Family Court has granted a child's maternal aunt full legal and physical guardianship after finding that his father was not suitable to care for him.

 

The judgment, issued on July 23, gives the aunt authority to make major decisions concerning the child's upbringing without requiring the father's approval. It also allows her to apply for and renew the child's passport and identity documents independently.

 

The case involved a young expatriate child who had been living with his maternal aunt and her husband in the UAE, while his father resided abroad.

 

Court Prioritises the Child's Best Interests

 

The child's mother died in 2021 from liver failure linked to alcohol abuse, according to documents submitted to the court.

 

A certified health report also stated that the father had previously served a custodial sentence and had faced allegations relating to risks to others, physical and sexual harm, and the sexual exploitation of children.

 

The aunt and her husband asked the court to appoint them as the child's legal guardians and actual custodians. They told the court they had provided him with a stable home, education, emotional support and day-to-day care in Abu Dhabi.

 

They also submitted supporting evidence, including a valid tenancy contract and professional assessments indicating that the child required continued risk management, residential stability and careful educational planning.

 

Although the father was formally notified of the proceedings, he did not attend the hearings or contest the application. The court also considered a written statement in which he agreed that the aunt and her husband were the most suitable people to care for his son because they could provide a stable family environment.

 

In its reasoning, the court found that the child's best interests would be served by remaining in the UAE with his aunt and her husband, away from the environment that had caused him difficulties and distress.

 

The court relied on Article 43 of Abu Dhabi's Civil Marriage and Divorce Procedures Regulations, which requires judges to apply principles of justice and fairness while ensuring that the child's best interests remain paramount in custody disputes.

 

While custody would ordinarily rest with the parents, the court found that there was no suitable parental alternative in the circumstances of the case.

 

The ruling gives the aunt authority over the child's upbringing, education, healthcare and residence, as well as matters concerning his physical and psychological wellbeing.

 

She is also authorised to obtain and renew his passport and identity documents without the father's consent.

 

Significance for Expatriate Families

 

The ruling highlights the difficulties that can arise when relatives step in to care for children following the death, absence or incapacity of a parent.

 

Informal caregiving arrangements or guardianship documents issued in another country may not always provide relatives with the authority required to deal with schools, healthcare providers, immigration authorities and other institutions in the UAE.

 

A locally issued court order can provide clearer legal authority for decisions involving a child's education, medical treatment, residence and official identity documents.

 

Although UAE court judgments do not generally operate as binding precedent, the case illustrates how relatives may seek custody in exceptional circumstances where parental care is unavailable or unsuitable.

 

The decision also underscores the importance of presenting evidence of the child's existing living arrangements, stability, care and welfare when seeking a non-parent custody order.

 

The central consideration remains the child's best interests, with the court assessing the circumstances and evidence before determining who is best placed to provide a safe and stable environment.

 

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