Best law firm specializing in custody cases
When does a mother lose custody under UAE law?
(Best law firm specializing in custody cases)
First and foremost, it is essential to consult a specialized lawyer regarding custody cases to obtain sound legal advice and guidance.
Custody
Article 142 of the UAE Personal Status Law defines custody as “the preservation, upbringing, and care of the child in a manner that does not conflict with the guardian’s right of guardianship.” This definition clarifies the distinction between custody and guardianship.
Custody and guardianship are separate issues dealt with individually, as the responsibilities of the child are not divided equally between the parents in the UAE. The court prioritizes the child’s best interests, and therefore, the mother has custody of her children in cases of custody disputes, unless the judge decides otherwise in the child’s best interest.
The Right to Custody and its Duration under UAE Law
Article 146, paragraph 1, establishes the mother’s right to custody: “The mother’s right to custody of the child is established…” Paragraph 6 of the same article states: “The mother has custody of her children in cases of custody disputes, unless the judge decides otherwise in the child’s best interest.”
Regarding the duration of custody, Article 156, paragraphs (1) and (2), stipulates that the mother has the right to custody of her son until the age of eleven for a male child and thirteen for a female child. For girls, the court may extend the custody period for a boy until he reaches puberty and for a girl until she marries.
Furthermore, if the custodian is the mother and she is of a different religion than the child, the judge may extend her custody of the child until he reaches five years of age, for both boys and girls, if he deems it to be in the child’s best interest (Article 145).
Conditions Required of a Custodian
Article 143 of the UAE Personal Status Law stipulates several conditions that must be met by a custodian, as follows:
Sound mind
At the age of majority
Trustworthiness
The ability to raise, protect, and care for the child
Free from serious infectious diseases
No prior convictions for crimes against honor
Additional conditions for a custodian:
– If the custodian is a woman:
She must be free from a husband who is not related to the child and with whom she has consummated the marriage, unless the court determines otherwise in the child’s best interest.
She must share the same religion as the child, in accordance with the provisions of Article 145 of this law.
If the father is a man,
He must have a suitable female guardian.
He must share the same religion as the child.
Cases of Custody Loss (Withdrawal)
Cases of withdrawing child custody under UAE law include a range of circumstances and conditions that, if met, may lead to the mother’s custody rights being withdrawn. These include:
If the mother marries a foreign national unknown to the child.
If the mother contracts a contagious disease that could infect the child.
If the mother suffers from an illness that endangers the child, especially a mental illness.
If the mother is involved in a case related to public morals violations, demonstrating her inability to care for the child.
If the mother’s religion differs from the child’s, potentially causing harm to the child.
If the mother is unable to adequately care for the children or demonstrates incompetence in doing so.
If the mother provides improper or inadequate care for the child, including neglect.
If the child fails or repeats academically.
If the child’s health deteriorates and is neglected by the mother. 10- If the mother uses any type of drug.
11- If the mother refuses to grant the father visitation rights, or fails to attend scheduled visitation appointments after a court order has been issued.
In any of these circumstances, the court may automatically withdraw custody from the mother and grant it to the father, regardless of the child’s age, based on the court’s assessment of the child’s best interests in each specific case.
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Our team consists of specialized and qualified lawyers who provide expert and accurate legal advice to clients. We understand the importance of family law cases and strive to achieve the best possible outcomes for our clients.