Understanding Child Custody in Dubai, UAE: A Guide for Fathers

Child custody in Dubai, UAE is a sensitive and often complex legal matter, especially for fathers who are seeking full or joint custody. While the UAE courts do not explicitly discriminate against fathers, the legal and cultural framework tends to favor mothers in custodianship roles, especially in the early years of a child’s life. However, with the right legal support and preparation, fathers can still present a strong case based on the child’s best interest — the ultimate criterion under UAE Personal Status Law (2005).

Under this law, the court has complete discretion to decide custody based on what serves the “Best Interest of the Child.” Fathers are generally considered guardians, responsible for financial support, education, and key decisions, while mothers are often custodians, handling day-to-day care. For a father to obtain custodianship, he must demonstrate the mother’s unfitness or prove that his care would be more beneficial to the child's well-being.

Visitation rights are also a key part of child custody in Dubai, UAE. Fathers, as legal guardians, have the right to apply for regular visitation through the court. This may include specific days or periods to spend time with the child. Moreover, custodians (usually mothers) cannot relocate the child outside the UAE without the father's consent. If needed, the father can apply for a travel ban to protect the child’s location and parental access.

A significant shift has occurred with the introduction of Federal Decree Law No. 41 of 2022, which applies to non-Muslims. This law introduces joint custody as the default post-divorce arrangement, recognizing the equal role of both parents and prioritizing the emotional and psychological welfare of the child.

Fathers pursuing custody should prepare thoroughly — keeping financial records, staying engaged in the child’s education and social life, and proving a stable long-term plan. In cases where the mother is deemed unfit due to misconduct, fathers may have stronger grounds to challenge custody.

At ProConsult Advocates & Legal Consultants, our experienced team provides strategic legal guidance to help fathers navigate the complexities of child custody cases in the UAE.