We live in a fast-paced world where grind culture is considered the new normal. Jobs have become highly demanding with long working hours. Many parents have been worrying about how their working hours might affect their child’s custody, when it will affect it, and how. Professional growth is as important as taking time for one’s children for the healthy upbringing of a child. UAE law does not create any basis or restrictions on any gender to have professional development in any kind of job, but at the same time, the law requires consideration of the ‘best interest of the child’ as the most significant factor while providing either parent custody.
Legal Framework Governing Child Custody in the UAE
Article 122 of Federal Decree-Law No. (41) of 2024 on the Issuance of the Personal Status Law explains the concept of custody and guardianship in detail. It states that when a parent has custody of a child, they are responsible for taking care of the child’s daily needs, upbringing, wellbeing, and overall care without interfering with the guardian’s rights over the child. Whereas a guardian has the authority to manage matters relating to the child’s discipline, guidance, education, and other legal or financial responsibilities.
The responsibility of a custodian is very closely related to the upbringing and emotional wellbeing of the child, which is key to a child’s development. The person who has custody should be able to provide resources, including time and stability, to ensure the wellbeing of the child.
The Dubai Court Ruling
In a 2025 divorce case, the father was granted custody of the children. The mother appealed in the higher courts against custody being granted to the father.
The court relied on the nature of the mother’s work as a flight attendant, which involved long working hours and being out of town for ten days or more. This compromised her ability to provide continuous care to the children. Whereas the father had a job that allowed him to provide continuous care to the children. The mother’s defence of relying on a nanny did not support her claim, since the requirement is direct and continuous care by the custodian.
Best Interests of the Child Principle
In the judgment, the court relied solely on the principle of considering the best interests of the children above everything else. It showed that custody is not an automatic right of either parent. While considering who should be granted custody, the courts look at whose care best protects the interests of the children. Hence, the judgment granting custody to the father was upheld.
The court mainly evaluates, among other basic conditions such as sanity, majority etc:
- Trustworthiness and the ability to raise the child in a proper manner
- Physical care
- Educational stability
- Psychological wellbeing
- Safe and stable living conditions
- Consistent presence
Balancing Career and Parenting Responsibilities
The courts have never said that a person’s choice to pursue a profession disqualifies them from being the custodian of their children. The focus was on the fact that prolonged absence might disrupt the child’s routine and stability, which are very important for their development and wellbeing.
Most parents work full-time and maintain custody of their children. They may have a nanny to help, or they might have other ways of balancing responsibilities. There is no punishment for any parent pursuing their profession. The sole focus of the court in matters relating to child custody is the parent’s ability to provide continuous care in the best interests of the children. Parents seeking custody should ensure they have proof of active and continuous involvement in every aspect of their children’s lives.
We at Aysha Advocates & Legal Consultancy, we provide legal guidance and representation in child custody, guardianship, visitation, and related family law matters before the UAE courts. Our team assists clients in understanding their legal rights and navigating custody proceedings in accordance with UAE Personal Status Law.