In April 2025, the Federal Decree-Law No. 41 of 2024 on Personal Status came into effect in the UAE, introducing significant updates to family law, including marriage, divorce, custody
Previously, child custody laws were often criticized for being fragmented, leading to disputes over custody duration, guardianship rights, and the ability of one parent to travel with the child. The new law addresses these issues, aligning custody arrangements with international best practices and placing the best interests of the child at the centre of decision-making
—
Brief Background on Custody Laws in the UAE
Historically, the UAE applied different custody rules for boys and girls
Custody for boys ended at age 11 and for girls at age 13, after which guardianship automatically shifted to the father
Non-Muslim mothers faced restrictions on custody beyond a certain age if the child was Muslim
Fathers retained guardianship — meaning they had the legal authority over major life decisions such as education, healthcare, and travel — even when mothers were granted day-to-day custody
Disputes over travel documents or relocation often led to lengthy court battles, leaving parents and children in legal limbo
—
Overview of Child Custody in the UAE
In UAE law, custody is distinct from guardianship
Custody refers to the child’s day-to-day care, housing, and upbringing
Guardianship relates to decision-making about the child’s education, healthcare, and finances.
This dual structure meant that even when a mother had custody, she typically needed the father’s approval for school transfers, passport renewals, or foreign travel
Key Changes in the UAE Child Custody Law 2025
The 2025 amendments introduced several key reforms
Extended Custody Until Age 18
Custody now continues for both boys and girls until they reach 18 years old, ensuring greater stability and consistency in the child’s life
Child’s Right to Choose at Age 15
A child who turns 15 can express a preference about which parent to live with. The court will honour this choice unless it is proven harmful to the child’s well-being
Equal Treatment for Non-Muslim Mothers
In many cases, non-Muslim mothers may now retain custody beyond previous age limits, provided this serves the child’s best interests and is approved by the court
Educational Guardianship
Mothers generally retain the right to make educational decisions, but disputes can now be escalated to urgent courts for quick resolution, minimizing disruption to the child’s schooling
Travel and Documentation Rules
Both parents have clearer rights to travel with the child for up to 60 days per year (subject to court approval if needed)
Misuse of passports, identity cards, or refusal to return documents can now trigger legal penalties, protecting both parents’ rights and the child’s freedom of movement
Longer Timeframes to Claim Custody
The period to request custody or challenge an existing custody arrangement has been extended from six months to one year, giving parents more time to seek legal remedies if circumstances change
Best Interests Principle Codified
The new law explicitly states that the child’s best interests override all other considerations, guiding courts in all custody-related decisions.
—
Impact on Parents in Child Custody Cases
For parents, the 2025 reforms bring both opportunities and responsibilities
Greater Stability for Custodial Parents – Mothers and fathers can plan long-term, knowing custody lasts until age 18
Shared Responsibility – Clearer rules on travel, documentation, and decision-making encourage cooperation and reduce power imbalances
Voice for Teenagers – Parents must be prepared for their teenager’s choice at age 15, which can be emotionally challenging but ultimately empowering for the child
Legal Clarity – The possibility of urgent court intervention in disputes means faster solutions and less prolonged stress
However, parents must also adapt to
Demonstrating that their chosen arrangement truly benefits the child
Respecting court orders on document handling, travel schedules, and visitation rights — non-compliance can now result in legal sanctions
—
Impact on Children under the New Custody Law
For children, the reforms are a major step forward
Emotional Security – Living with the same parent until age 18 reduces the risk of abrupt custody changes
Participation in Decisions – Having a say in where they live at age 15 helps teenagers feel heard and respected
Better Protection – The new rules guard against wrongful retention of documents and unauthorized travel, protecting the child’s legal identity and safety
Consistency in Education and Care – Disputes can be resolved quickly, preventing disruption to school life and routine.
Inclusive Approach for Children of Mixed Backgrounds – Children from interfaith or mixed-nationality families benefit from fairer treatment and case-by-case consideration of their needs
—
Legal Process in Child Custody Disputes
The procedure for resolving custody matters under the new law generally follows these steps
.Filing a Custody Case – Either parent may file a case after divorce or separation
Family Guidance Committee – In many cases, the matter is first referred to a family guidance office to explore reconciliation or amicable agreement
.Court Hearing – If no settlement is reached, the case proceeds to the Personal Status Court
.Listening to the Child – If the child is 15 or older, the court will consider their preference before issuing a ruling.
.Urgent Matters – Educational disputes or document issues can be escalated to the urgent court for immediate resolution.
Judgment and Enforcement – Once a judgment is issued, compliance is mandatory. Parents may seek enforcement orders if the other party .fails to respect custody, visitation, or travel terms.
—
Practical Tips for Parents on Child Custody
..To navigate custody matters effectively under the 2025 law
.Prepare Documentation – Gather evidence of your ability to provide stable housing, education, and healthcare
.Prioritize Cooperation – Negotiate amicable solutions where possible to avoid lengthy litigation
.Respect the Child’s Voice – Engage your child in discussions about living arrangements, especially as they approach 15
.Stay Organized with Documents – Keep passports and IDs up to date and accessible and return them promptly if required by court order
.Seek Professional Advice Early – Consult a family lawyer experienced in UAE law to guide you through the process
.Keep Records – Written communication and documented agreements will support your case if disputes arise later
—
Conclusion & Call to Action
The UAE Child Custody Law 2025 represents a progressive step toward balancing parental rights, empowering children, and ensuring stability in family structures.
If you are currently facing a custody issue — or simply want to be prepared — now is the time to act:
Schedule a consultation with a qualified UAE family lawyer.
Review your parenting plan in light of the new law.
Open a constructive dialogue with your co-parent to minimize conflict.
read also
Prenuptial Agreements in the UAE: Importance, Challenges, and Key Considerations
By taking proactive steps today, you can protect your child’s well-being and ensure a secure future under the updated legal framework.
If you are facing a child custody issue in the UAE or want to understand how the 2025 law affects your family, iLaw is here to help. Our experienced family lawyers provide trusted legal advice, representation, and guidance to protect your rights and your child’s well-being.
Contact iLaw today to schedule a consultation and get expert support in navigating custody matters under UAE law.
