Child custody in mutual divorce in the UAE : roles, criteria and practice

In the United Arab Emirates, post separation arrangements for custody rest on a core distinction : the father is generally the guardian (maintenance, major decisions) and the mother is the custodian (day to day care). The child’s best interests guide the court’s assessment, including when parents settle amicably. This practical note summarises the framework and offers drafting tips for durable agreements.

Guardian vs custodian : complementary roles

• Guardian (often the father) : financial obligations (housing, education, healthcare, expenses), key decisions (school, residence, official documents).
• Custodian (often the mother) : daily care and accommodation, schooling follow‑up; contact for the non‑custodial parent.

These functions are distinct : custodianship does not infringe guardianship powers.

Custodianship requirements

The court checks: maturity, honesty, ability to raise the child, freedom from contagious disease, and absence of convictions for honour related offences. Specific conditions apply  : the mother should not remarry unless the court so decides; the custodian is generally expected to share the child’s religion (subject to best interests).

Reference ages and extensions

Historically, custody was set to 11 (boys) and 13 (girls), with potential extensions, through to the end of schooling for a boy or to marriage for a girl, where the mother evidences strong care (school results, health history). Recent reforms increasingly favour case by case review, and joint custody may be considered in appropriate cases.

Mutual divorce : good practice for agreements

• Specify residence, detailed contact schedules and holidays.
• Allocate expenses clearly (housing, school, healthcare) and set maintenance.
• Spell out joint decisions (schooling, medical care, travel) and a dispute‑resolution
• Plan for adjustments (relocation, school changes) and travel (consents, exit bans).

When can the father obtain custody ?

The father may seek custodianship if he shows that circumstances no longer serve the child’s interests : educational neglect, truancy, repeated failures to comply, or a stronger environment offered (stability, oversight). The court retains discretion based on objective evidence.

Expatriate families : home law and flexibility

In some cases, UAE courts accept the application of the parties’ home law upon request, provided the child’s interests are preserved. Practically, the focus remains on the child’s living conditions in the UAE and the parents’ cooperation.

Practical tips

• Formalise settlements in Arabic (or bilingual) and seek court approval.
• Record expenditure and parental engagement (receipts, school certificates, medical notes).
• Set communication channels (email, apps) and schedule periodic reviews (every 6–12 months).

In amicable divorce, clear, enforceable provisions on custody and parental obligations promote compliance and protect the child’s interests. By detailing practical arrangements (residence, contact, costs, joint decisions) and documenting cooperation, families gain stability and reduce the risk of future disputes.

Our lawyers, who are experts in family law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Family Law
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