Rewriting the Child’s Custody Norms in the UAE

Author : Awatif Al Khouri | Published On : 12 Apr 2026

Introduction

The UAE’s legal landscape for personal status law is going through a considerable transformation with the passage of Federal Decree Law No. 41 of 2024, which took effect on 15 April 2025, superseding the previous Federal Decree Law No. 28 of 2005 and introducing substantial changes to child custody, among other areas. The traditional gender-based custody responsibilities are thus shifted with a system focused on parental equality and the best interests of the child. The Personal Status Law is fundamentally based on traditional Sharia principles; however, the recent amendments take into account changing societal norms.

Unification of Custodial Age

The most significant shift is the consolidation and expansion of the age at which custody ends, eliminating the prior gender-based discrimination, as clearly stipulated by Article 123(1). Under the old law, Article 156(1) provides that the mother’s right to custody ends when a boy reaches 11 years of age and a girl reaches 13 years of age. Custody and guardianship of a child are two different concepts under the law. Custody refers to the “care, upbringing, and protection of the child” and to a child’s daily needs. However, guardianship means general supervision over the minor’s personal and legal affairs, together with the care of the minor’s property without affecting the custodian’s rights. Hence, guardianship is divided into guardianship over the minor and guardianship over the minor’s property. Generally, custody is the responsibility of the parents as long as the marriage is intact, however, if the marriage ends, custody first belongs to the mother, then to the father, then to the maternal grandmother, and then to the paternal grandmother. However, the court may deviate from this order in the child’s best interests. The new legislation provides a uniform limit for all children, thereby providing stability for children throughout their minority period.

In addition, the new law introduces a provision granting a child autonomy at 15, meaning a child has the right to choose which parent to live with. Article 122 is a major procedural update as compared to the previous legislation. Upon reaching 15 years of age, a child now has the legal right to choose which parent to reside with. However, the court’s decision serves as the final authority, ensuring it corresponds with the child’s best interests. The court will respect the choice made by the child unless the court determines that the child’s best interest requires a different arrangement.

Expanded Rights for Non-Muslim Mothers

The religion of the custodian was a strict barrier to long-term custody of the child. Article 145 of the old law mandated that if a mother followed a different religion from that of the child, particularly in cases involving a non-Muslim mother, her custodial rights were limited until the child attained the age of five. The court maintained limited jurisdiction to grant exceptions, but this discretion was significantly restricted by the established age threshold, which mandated that the period of fosterage ends upon the child’s reaching the age of five, regardless of the child’s best interests. The removal of the age cutoff can be seen in the new law. Article 113(8) requires a custodian to share the child’s religion but provides a specific exception: if the mother follows a different religion (Non-Muslim), the court may decide to maintain custody if it is in the child’s best interests, under conditions determined by the court. In contrast to earlier frameworks, there is no stipulation for the compulsory termination of custody at the age of five, potentially allowing non-Muslims to maintain custody until the child reaches 18.

Promotion of Parental Equality

The new legislation signifies advancements in parental equality. A major shift is the distribution of educational responsibilities between the parents. While the father or legal guardian often maintains primary responsibility over the child’s upbringing and discipline, Article 112(3) stipulates that the custodial mother acts as the educational guardian, thereby granting her authority over school management. This confers upon her the legal ability to manage school-related affairs, including enrollment and academic decisions, as long as these decisions serve the child’s best interests. If any conflict arises on this matter, this will be resolved by a Magistrate of summary justice. Likewise, Article 117(3) explicitly empowers the female custodian to keep the child’s original birth certificate and identity documents.

It is also worth noting that Article 121(1) of the new law expands the non-custodial parent’s visitation rights. Under the prior framework, Article 154 pertained the right to visit and be visited; however, the new provision goes further by specifically mentioning the non-custodial parent’s right to overnight stays and to take the child out, thereby promoting a more sustained relationship with both parents.

Comprehending the “Best Interest of the Child”

The best interest standard is the decisive factor in custody cases. The “best interest of the child” is a fundamental legal criterion standard asserting that a child’s well-being should always come first in all legal and social decisions. The “best interests of the child” as defined by the Federal Law on Child’s Rights (Wadeema’s Law) in Article 1 is as ‘placing the interests of the child above everything else and having priority and preferences in all circumstances, regardless of the interests of other parties’. This shall have priority in all the decisions and actions taken in his/her regard.

Conclusion

The change from the Personal Status statute 2005 to the 2024 statute is more than just changing the existing thresholds. The nation’s legal custody framework has undergone significant transformation. The 2024 Personal Status Law prioritises the child’s needs over traditional hierarchies. This will enhance the stability of the child’s family and provide them with a stable environment by eliminating historical gender-based disparities and standardising the age at which custody terminates. Equally significant is the child’s right to choose their resident parent at age 15. Also, it is worth noting that the shift to a Gregorian calendar for time calculation under Article 2 reflects the commitment to modernising family justice. The 2024 law cements the nation’s commitment to a modern, dynamic and welfare-centric legal framework.

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