Prepare by identifying the applicable law and competent court, organizing your evidence, and writing a practical plan for the child’s care. Then check the filing requirements and prepare for hearings.
The applicable legal framework comes first. Federal Decree-Law No. 41 of 2024 and Federal Decree-Law No. 41 of 2022 on Civil Personal Status have different scopes.
Article 1 of each law addresses its scope. Nationality, religion, and any permitted reliance on another law can affect the framework governing your case.
How do you build a clear evidence file?
Put together one organized file. Include identity and relationship documents.
These prove who the parents and child are and whether there is a marriage or a divorce.
Add earlier judgments and agreements. They show what has already been decided and help identify the right request.
Include school and treatment records to show the child’s needs and actual routine.
Add housing details and work schedules. These show each party’s practical ability to provide daily care.
Keep a care and contact timeline. Record who provided care, and the times of contact and handover.
Include expense records to show the child’s real costs.
Add messages and specific safety evidence to support particular facts. Keep the full context of those messages and use records you can lawfully obtain.
Articles 53 and 54 of Federal Decree-Law No. 35 of 2022 define electronic evidence and list its forms, including messages. They do not make every screenshot conclusive proof.
Keep the original electronic records so their source, context, and accuracy can be checked under the law’s evidence rules.
For related evidence risks, see our guide to social media evidence in divorce cases.
What should your parenting plan cover?
Your plan should be clear about where the child will live and their daily routine. It should cover the school and how the child gets there and back.
Add treatment and any special needs.
Set out contact with each parent, holidays, and handover and pick-up arrangements. Cover any proposed travel and the realistic costs that go with it.
Including travel in a parenting plan does not itself provide any consent or court permission required by law.
Under Article 112 of Federal Decree-Law No. 41 of 2024, custody means keeping the child, raising them and caring for their interests without conflicting with guardianship rights. The custodial mother has educational guardianship in the child’s interest, subject to the article’s rules on disputes and court-ordered transfer.
Do not assume that custody automatically grants every guardianship power.
Read more about the scope of educational guardianship in the UAE.
Under Article 121 of the 2024 law, the other parent has rights to visits, hosting, outings, and overnight stays when one parent has custody. These follow the parents’ agreement or, if they disagree, what the court decides in the child’s interest.
Where the federal civil personal status system applies, Article 10 of Federal Decree-Law No. 41 of 2022 makes shared and equal custody the starting point after divorce, subject to its exceptions. Article 23 of Cabinet Resolution No. 122 of 2023 deals with contact arrangements and disputes.
Article 19 concerns the court’s powers when shared custody is canceled.
Preparing for a Custody Case?
Discuss the applicable law, your evidence file, parenting plan, and existing court orders with Faris Raian.
How should you prepare for filing, settlement, and hearings?
Start by identifying the competent court, the law that applies, and the type of request. Is it a first claim, a modification of an earlier judgment, an enforcement of an existing one, or an urgent application?
Each type has its own procedure and documents.
Where the 2024 law applies, Article 3(3) provides several local court options for the custody and visitation claims it covers. These include the court for the claimant’s or defendant’s domicile, residence, or workplace, or the matrimonial home.
Check that the UAE courts have jurisdiction and that your claim falls within this provision.
Then review any earlier custody or visitation judgment. Compare what it already orders with what you now want the court to do.
This helps identify whether you need enforcement, a modification, or a separate claim.
Ask the court about the required form, service procedure, and any translation or attestation requirements. Article 6 of Federal Decree-Law No. 42 of 2022 addresses who may carry out judicial service; other provisions govern its methods and requirements.
Provide accurate contact and address details for the other party.
Under Article 8 of the 2024 law, the supervising judge may refer the parties to family guidance before the case reaches the competent court, if settlement appears possible. Urgent and temporary cases and orders concerning custody are among the exceptions.
Explain the facts supporting any urgent request; describing it as urgent does not establish that it qualifies.
Before the hearing, prepare a short list of the orders you want and the documents supporting each request. Be ready to explain how your plan meets the child’s daily needs.
Check the court’s deadlines and whether you must attend in person or remotely.
The child’s preference about where to live
Under Article 122 of Federal Decree-Law No. 41 of 2024, a child who completes 15 years may choose to live with either parent. The court may decide otherwise if the child’s interests require it.
Do not apply this age rule automatically to a case governed by the federal civil shared-custody system.
When custody normally ends
Custody normally ends when the child reaches 18 Gregorian years, with exceptions for specific health cases in the law, under Article 123.
The wider framework is covered in our guide to who gets custody after divorce.
Official legal sources
Book Your Consultation
To discuss custody case preparation, supporting documents, educational guardianship, or parenting arrangements with Faris Raian, book your consultation on WhatsApp.
