In many divorce cases, the parties are unaware of many details and matters of duties and rights after divorce, as imposed and determined by the law, including child custody, which will be the subject of our article, where we will present the rights related to child custody after divorce according to UAE law, as well as the conditions for obtaining this right, as well as the reasons for the fall of this right, whether from the mother or the father.
From the perspective of the law, child custody after divorce
Divorce occurs when the spouses do not want to continue their married life for various reasons related to each case, and when divorce occurs, custody of children remains one of the most contentious issues between the spouses, including care and attention for him and providing a suitable environment for him to enjoy a stable life, so the UAE law was the determinant of child custody rights after divorce according to the following:
- According to Article 146, the mother has the right to custody of the child if the judge does not consider otherwise in the best interests of the foster child.
- According to Article 156 of UAE law, the mother has custody of children up to the age of 11 for males and 13 for females.
- The mother has the option of requesting an extension of custody. If the court grants her this order, custody is granted until the end of schooling for males and marriage for females, as specified in Article 156, after which the father has the right to request custody.
Custody is a right, but the law does not grant it to the mother or father unless the conditions for eligibility for custody are met, which we will discuss in the next article.
Conditions for Getting Custody of a Child.
Custody is a complicated issue because it involves ensuring the child’s safety and stability, as well as meeting his needs and desires and obtaining a good education. As a result, conditions must be met by the custodian, whether the mother or father, in order to obtain custody of the child after divorce, as determined by UAE law as follows:
- That the custodian is of sound mind and thought.
- Having reached the age of puberty
- His ability to provide care and attention to the child, as well as to enable the custodian to develop and raise the child in a correct and proper manner.
- having good health to meet the child’s desires and needs, including the custodian not having any contagious diseases.
- Having not been convicted of any ethical or moral offense.
- Being truthful.
- The custodian, whether the father or the mother is of the same Religion as the custodian, unless the judge rules in an order that goes beyond that with regard to the custody of the mother.
- The mother remains without a husband after the divorce, if she got married, the right of custody is voided, unless the court specifies something to the contrary
- In the case of the father’s custody, he must be accompanied by a woman who bears custody.
Child Custody Loss
The UAE law identified several reasons for the loss of child custody following divorce, particularly for the mother, the most important of which is:
- Violation or non-compliance with the specific conditions for both the father and mother to obtain custody of the child, as mentioned in the previous article.
- The mother relocation with her fostered child to an area where the child’s guardian is unable to do what is required of the child.
- If the mother does not assert her right to custody within six months without a clear and convincing reason, she loses custody.
- A meeting between the mother who has custody right and another who has lost custody for reasons other than physical disability.
What the Custodian is Entitled to when he or she has Custody of a Child
There are many rights granted by law to the custodian, the most important of which are:
- Keeping the foster children’s personal and official papers, such as identity cards, birth certificates, and other personal documents.
- Obtaining a passport for the fostered child.
- When the custody conditions are met and the court recognizes his right to do so, the custodian has the right to obtain custody of the child in all aspects.
- When the custodial father violates one of the custody conditions, the mother has the right to reclaim custody if she previously waived it.
Finally, from the standpoint of UAE law, custody of the child after divorce and ensuring that he receives a proper upbringing and all of his needs are the most important.
