To prove alcoholism in a custody case in Dubai, you need strong evidence that drinking reached addiction. Mere alcohol consumption is not enough.
Proven addiction and failure to perform custody duties are separate grounds for losing custody.
Courts put the child’s best interests first. UAE law draws a clear line between drinking alcohol and actual addiction or failing to provide proper care.
Legal grounds for alcohol-related custody claims
Article 113(7) of Federal Decree-Law No. 41 of 2024 requires that the custodian not be addicted to drugs, psychotropic substances, or intoxicants.
Article 115(1)(a) of the same law states that custody drops if a required condition is not met. Proven addiction, therefore, does not also require proof of neglect or actual harm to the child.
Failure or inability to perform custody duties is a separate ground under Article 115(1)(b).
For non-Muslim joint civil custody, Article 18(9) of Cabinet Resolution No. 122 of 2023 allows the court to remove a joint custodian for alcohol addiction.
The broader custody framework is explained in our guide to who gets custody after divorce.
What evidence can support an alcohol-related custody claim?
Courts assess the evidence to decide whether addiction is proven. Build the claim from different sources, in line with Federal Decree-Law No. 35 of 2022 on evidence.
- Independent medical assessment: Test results and medical reports from licensed hospitals proving addiction and the level of use.
- Official records: Police reports, earlier judgments, or court records on excessive intoxication or drink-driving.
- Witness statements: Reliable, direct accounts of alcohol-related behavior and its negative effect on the family.
- Child care records: School, medical or psychological reports showing repeated neglect of the child’s basic needs because of drinking.
Do not try to diagnose addiction from personal photos alone. The evidence must establish addiction, rather than mere drinking.
If you also rely on neglect, support that separate ground with evidence of the failure to perform custody duties.
Does one alcohol test prove addiction?
A positive alcohol test does not by itself establish addiction. Its significance depends on medical interpretation and the wider evidence.
Medical assessment can help establish the pattern of use and whether it amounts to addiction.
Avoid treating one result as conclusive proof of addiction. Once addiction is established, Articles 113(7) and 115(1)(a) do not require separate proof of neglect or actual harm.
What if the parent is receiving treatment or has stopped drinking?
Under Article 115(2) of Federal Decree-Law No. 41 of 2024, a person who lost custody may apply again when the ground has ended.
Treatment and evidence of sustained recovery may support that application. Starting treatment or claiming to have stopped drinking does not by itself establish that the ground has ended.
The court considers the child’s interests and the evidence that the ground for loss no longer applies.
That evidence includes medical reports, rehabilitation program certificates, and repeated negative test results. A simple claim of stopping or receiving treatment is not enough.
The court then assesses whether returning custody would pose a risk to the child before deciding.
For related grounds, see our discussion of grounds for removing custody from a parent.
Need Advice on Custody Evidence?
Discuss the applicable custody grounds, medical evidence, lawful document requests, and your child’s care with Faris Raian.
How do you collect and present evidence lawfully?
Evidence must be collected and presented in line with the law while protecting the privacy of the parties.
If documents are held by the other party, a third party, or a public body, ask the court to order them to produce them. This is under Articles 33, 34, and 36 of Federal Decree-Law No. 35 of 2022.
Your request must describe the document and its content. It must show evidence that the person holds it, and the fact proves it.
If the other party refuses after being given time, the court may treat the copy you submitted as matching the original.
Protected medical and criminal records need the owner’s consent or a court request to the competent authority. Special legal restrictions apply to each.
Keep original documents with their dates and context. A detailed timeline helps link repeated facts to the available records.
The court may reject or reduce the weight of a physically defective document under Article 37(1).
What are the risks of collecting evidence yourself?
Recording private conversations or phone calls can create criminal liability when done without consent or another lawful basis. Check the applicable privacy rules before collecting evidence.
The penalty is imprisonment and a fine. The devices can be confiscated and the recordings erased, under Article 431 of Federal Decree-Law No. 31 of 2021.
Unauthorized access to another person’s accounts or devices is addressed by Article 2 of Federal Decree-Law No. 34 of 2021. Article 44 addresses technological invasions of privacy, including specified recording and location-tracking conduct.
Unlawful collection can also create disputes about whether evidence may be used. Do not assume that relevance to custody makes the collection method lawful.
Related evidence issues are covered in our article on social media evidence in divorce cases.
What are the lawful alternatives?
A lawyer can seek a protection order from the Public Prosecution under Federal Decree-Law No. 13 of 2024 on protection from domestic violence. It lasts up to 30 days.
It can be extended twice, then by a decision of the competent court.
A lawyer can also seek urgent and temporary custody orders from the court under Federal Decree-Law No. 41 of 2024. These orders are exempt from referral to the Family Guidance and Reform Center under Article 8.
In cases of loss of guardianship, the court can entrust the child temporarily to a trustworthy person or a competent institution under Article 155. This protects the child during the case.
Official legal sources
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