Key Changes Focus on Child Custody, Financial Rights, and Guardianship
Pavitra Shetty
Published on January 10, 2025, 17:56:45
The UAE’s newly introduced family law, set to take effect in April 2025, marks a significant step in modernizing legal frameworks to better protect children and families. The legislation introduces sweeping reforms to child custody arrangements, financial support, and educational guardianship, reflecting the country's commitment to fostering family welfare.
Under the new law, custody age for both boys and girls has been extended to 18, ensuring a stronger focus on the well-being and independence of children.
Children aged 15 can choose which parent to live with, subject to court approval for their best interests.
For children with severe medical or psychological conditions, mothers retain custody unless the court determines otherwise.
Non-Muslim mothers now have the right to retain custody of children from Muslim fathers beyond the age of five, subject to court discretion.
Courts can evaluate each case based on the child’s welfare, departing from the previous automatic transfer of custody at age five.
The law introduces streamlined measures to resolve family disputes efficiently.
Educational guardianship disputes can now be addressed by the Urgent Matters Court, significantly reducing delays.
Disputes previously taking up to a year can now be resolved in a fraction of the time.
Parents have an extended period of one year to file custody claims, calculated from when they become aware of the need for a claim.
Courts can grant further extensions for valid reasons, reducing procedural dismissals.
Both parents are now allowed to travel with their child for up to 60 days per year without the other parent’s consent.
Special extensions can be granted for medical or other justifiable reasons, balancing parental rights and child welfare.
The law revises family financial support to include non-cash assistance like in-kind contributions.
Wives can claim backdated maintenance for up to six months and request increases in mandated amounts.
Monthly alimony payments are prioritized over most other debts, ensuring timely financial support for families.
New measures tighten controls over children’s identification documents to prevent misuse.
Mothers retain Emirates IDs, and fathers hold passports. Misuse, such as unauthorized travel, may result in fines or imprisonment.
These provisions address gaps in travel rules within GCC countries, safeguarding all parties.
Violations of custody-related travel provisions or mishandling of documents can result in penalties.
Fines range from Dh5,000 to Dh100,000, with potential jail sentences for serious infractions.
A Commitment to Modern Family Welfare
The new family law demonstrates the UAE’s dedication to protecting family bonds and ensuring the best interests of children, elderly parents, and other family members. The reforms align with the nation’s progressive vision for a modern, inclusive society.
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