Divorce does not end the responsibilities of parents towards their children. A major development in UAE’s family law is the recognition of joint custody as the general rule for children after a civil divorce of the non-Muslim parents. The objective of this provision is to alter the previous position in which one parent becomes the primary custodian and the other parent exercises limited visitation rights. Instead, it promotes continued involvement of both parents in the upbringing and care of their children.

The law is primarily recognised by Federal Decree-Law No. (41) of 2022 on Civil Personal Status and Cabinet Resolution No. (122) of 2023 concerning its Executive Regulations. UAE Government confirms that these provisions apply to civil divorce and provide for joint custody as the general position after divorce.

Legal Basis for Joint Custody

Article 10 of Federal Decree-Law No. (41) of 2022 provides for the custody of children following civil divorce. The detailed provisions are contained in Articles 13 to 22 of Cabinet Resolution No. (122) of 2023.

Particularly, Article 13 of the Executive Regulations provides that, in the divorce judgment, the competent court shall automatically grant joint custody equally to the father and mother, subject to specified exceptions. Either parent may apply to the court for custody to be awarded to the parent who is considered more capable of fulfilling the child’s interests. A parent may also expressly waive his or her right to custody.

This represents an important shift in approach. Joint custody is not merely a privilege granted to parents upon agreement; it is the statutory starting point in civil divorce proceedings.

The Child at the Centre of the Arrangement

The purpose of joint custody is not simply to establish equality between the parents. Its underlying objective is to protect the child’s relationship with both parents after the breakdown of the marriage.

UAE Government describes joint custody as an equal right of both parents and a fundamental right of the children, intended to preserve the child’s relationship with both parents and promote emotional stability. Where disagreement arises concerning custody, the court may intervene, with the best interests of the child remaining the principal consideration.

Accordingly, joint custody should not be understood merely as an arrangement dividing the child’s time equally between two homes. It involves the continuing responsibility of both parents for the child’s care, upbringing and welfare.

When Can Joint Custody Be Altered?

Although joint custody is the general rule, it is not absolute. Article 13 allows either parent to approach the court where circumstances justify awarding custody to one parent. A parent may also waive custody.

This provides judicial flexibility where joint parenting may not serve the child’s welfare. For example, serious disputes between parents, inability to perform parental responsibilities, or circumstances affecting the child’s safety or welfare may require the court to adopt a different arrangement.

Thus, the legislation balances parental equality with the best interests of the child. Joint custody is the starting point, but the welfare of the child ultimately prevails.

Travel and Relocation of the Child

International travel is one of the most sensitive issues arising from joint custody, particularly in UAE’s expatriate community. Under the applicable civil personal-status law, neither parent may unilaterally take the child outside UAE during joint custody where the other parent objects.

In such circumstances, the parent seeking to travel may apply to the competent court for permission. The court may require guarantees intended to ensure the child’s return to UAE. A parent may also seek a temporary travel ban where justified circumstances exist.

These provisions are particularly significant where parents are nationals of different countries or maintain family, employment or property interests outside the UAE.

 Financial Responsibility Despite Joint Custody

Joint custody does not mean that the financial obligations towards the child automatically become equal or disappear. Article 11 of Federal Decree-Law No. (41) of 2022 provides that the father is financially responsible for supporting his children after divorce, including expenses relating to education, housing, treatment and other necessary expenses, unless the parents agree otherwise in the marriage contract.

Conclusion

The primary objective of the joint custody of the child is to ensure the best interest of the child and to have access to both the parents after their dissolution of marriage. It further ensures that the development of child should be under such an environment where both the parents are involved. The child should not be deprived of his fundamental right to get care from both the parents. The financial responsibilities of the parents towards the welfare of child is also divided among the parents, if they mutually agreed to share it.

We at Ayesha Aldhaheri Advocates & Legal Consultants closely look after developments in family law, child protection, and social welfare legislation in UAE. Our team regularly advises clients on family law matters, guardianship issues, custody arrangements, and its legal compliance.