New UAE family law to bolster rights of Muslim mothers and children in custody cases

The UAE government has set out significant reforms to its family laws to strengthen the rights of Muslim mothers and offer greater protection to children in divorce and custody cases. The updated Personal Status Law, which will come into effect in April, supports a broader push to modernise the country's legal system and keep pace with the needs of citizens and residents. The federal law covers Emiratis and expatriates and is in line with progressive changes made to the nation's legal framework in support of non-Muslims brought into force in recent years. Authorities said the legislation was being introduced to bolster social cohesion and family stability and aimed to address “emerging issues” that impact society, state news agency Wam reported. Under the law, the custody age has been extended to 18 for boys and girls, for fathers and mothers involved in custody cases. Previously, mothers could only be granted custody until their sons reached the age of 11, or 13 in the case of their daughters. This update mirrors a directive implemented for non-Muslim mothers in the country's civil court system in December 2022. The new law also offers additional support for non-Muslim mothers married or previously married to Muslim men regarding custody provisions. It allows them the opportunity to retain custody of their children beyond the age of five in a key change to pre-existing legislation. “Under the old law, in case the mother was a non-Muslim, she would not have the right to claim custody over her children over the age of five,” said Dr Hassan El Hais, legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy. Educational guardianship – in which a mother is granted power over decisions related to the schooling of their children – remains with the mother unless the court decides otherwise. Children will also have the right to choose which parent they live with when they reach the age of 15, provided the court determines it is in their best interest. “This ensures that both parents and children are better protected under the law,” said Dr El Hais. “By allowing children to decide at a critical age, the law not only prioritises their well-being but also respects their autonomy.” There are exceptions for children with critical illnesses or mental and physical conditions. In such instances, custody remains with the mother unless the court rules otherwise. The new law introduces equal travel rights for both mothers and fathers, seeking to address what is often a source of contention between estranged couples. “Either parent can travel alone with their child on one or more occasions a year, for up to 60 days each,” said Dr El Hais. This period can be extended in special circumstances such as medical treatment or other justifiable needs. “The significance of this provision is that it addresses potential disputes preemptively and balances parental rights while ensuring the child’s welfare remains the priority,” said Dr El Hais. The legislation also ensures that a mother’s decision to leave the family home does not automatically impact her custody rights, provided that the child’s welfare is not compromised. “This shows a shift toward understanding family dynamics and protecting custodial parents' rights,” the lawyer added. Under the new law, family support can now include non-cash assistance and priority is given to ensuring alimony payments are made expediently. “Under the new law monthly alimony payments are prioritised over most other debts such as unpaid wages or judicial fees,” said Dr El Hais. Children’s Emirates IDs and passports are subject to stricter oversight under the new law. While the mother retains the child’s ID and the father holds the passport, misuse of these documents can lead to legal consequences. For instance, if a parent uses the child’s ID to exit the country without consent, the other parent may challenge this in court. “This rule fills a critical gap in the previous law,” Dr El Hais said. “It prevents misuse of Emirates IDs for unauthorised travel within GCC countries where passports are not required. It also addresses cases where custodians use children’s IDs in ways that undermine the father’s guardianship rights.” The new law also introduces criminal penalties for failing to deliver a child’s documents to the rightful guardian with fines ranging from Dh5,000 to Dh100,000 or potential jail sentences. Financial penalties can be imposed for a range of offences; including misusing a minor's funds, using funds meant for a child after custody arrangements have ended and travelling with a child without the prior permission of their guardian or the court. “The comprehensive nature of this law is commendable as it places a strong emphasis on the child’s best interests," said Dr El Hais. “It is a clear indication of the UAE’s dedication to adapting its laws to meet contemporary needs while maintaining cultural and societal values.” Hiyam Abo Mashall, a family counsellor and therapist at Hamsa Social Psychological and Family Consultancy Centre in Dubai, said the new law supports children’s rights and promotes family harmony. She said raising the custody age for both parents ensures children receive consistent parental support during their formative years, which is crucial for their emotional and psychological development. She welcomed the move to allow children to choose which parent they live with at age 15. “Allowing children at 15 to choose which parent to live with gives them a voice and the freedom to express their preferences, supporting their rights and enhancing family dynamics,” she said. “However, it’s vital to ensure the child’s decision is free from external pressure or emotional manipulation by either parent. This is something I see often in my work, and having safeguards in place is critical.” Ms Mashall highlighted the need for psychological and legal support for families. “Counselling for families and psychological guidance for children can reduce the emotional impact of custody decisions.” “Awareness programmes about the new law, children’s mental health, and the role of both parents in creating a stable environment are essential, as is a monitoring mechanism to ensure compliance with the law.”

New UAE family law to bolster rights of Muslim mothers and children in custody cases

Updated Personal Status Law, to come into effect in April, is part of wider drive to modernise the country's legal system