How to get full custody of a child in the UAE begins with identifying the law that applies to your family. You must establish your eligibility and show that the arrangement serves the child’s best interests. File a claim with the competent Personal Status Court, supported by evidence of your ability to provide care and daily stability.
The court assesses the statutory requirements and grounds when deciding the most suitable arrangement. Personal allegations alone are insufficient.
What full custody means for your family
The meaning of full custody depends on the applicable UAE legal framework. Custody covers physical care and daily upbringing. Guardianship concerns major financial and administrative decisions affecting the child.
For Muslims, Federal Decree-Law No. 41 of 2024 applies. Article 114 sets the custody order after separation, placing the mother first, subject to legal conditions and the child’s best interests. The court may depart from that order where the child’s interests require it.
Article 112(2) addresses the father’s or other guardian’s responsibilities for the child’s affairs, discipline, guidance, and education. Article 112(3) provides an exception: the custodial mother holds educational guardianship in the child’s interests. Article 112(4)–(6) separately addresses disputes and applications to transfer educational guardianship.
For non-Muslims, Article 10 of Federal Decree-Law No. 41 of 2022 on Civil Personal Status provides for joint and equal custody after divorce. This starting point is subject to the stated exceptions.
Comparing the two custody frameworks
- Starting point under the 2024 framework:
Article 114 places the mother first after separation, subject to the child’s interests and the statutory conditions. - Starting point under the 2022 civil framework:
Article 10 provides for joint and equal custody after divorce, subject to the stated exceptions. - Requesting a different arrangement under the 2024 framework:
Explain why the custody conditions, grounds for transfer, or child’s interests support your application. - Requesting a different arrangement under the 2022 civil framework:
Explain why the court should depart from joint custody under the applicable provisions. - Decisions about education under the 2024 framework:
Article 112 recognizes the custodial mother’s educational guardianship, with court intervention where appropriate. - Decisions about education under the 2022 civil framework:
Identify the decision-making arrangements required under the applicable civil framework and court order.
Requesting sole custody or a transfer
A parent can request sole custody or a transfer of custody if the current custodian no longer meets the legal requirements or if the child’s best interests are at risk.
Cases under the 2024 Personal Status Law
Article 113 sets the conditions a custodian must meet. These include the ability to care for the child and supervise their education.
The conditions also address:
- Mental capacity and the applicable age requirement.
- Infectious or serious diseases that may endanger the child’s life or health.
- Certain criminal convictions and addiction to drugs, psychotropic substances, or intoxicants.
- Additional requirements concerning marriage, household arrangements, and religion, including the exceptions stated in the law.
Article 115(1) sets out the following grounds for loss of custody:
- Failure to meet a condition required of the custodian.
- Neglect of custody duties or inability to perform them.
- Moving to a place of residence that undermines the child’s interests.
- Failing to claim custody for more than one year after learning of the ground for entitlement, without an excuse. This is subject to an exception where the child’s interests require otherwise.
- The new custodian living with a person whose custody was removed for a reason other than health incapacity.
- Misconduct by the custodian that affects the child.
The person who lost custody, however, can ask the court to return it. You can file a new claim if the reason for losing custody no longer exists.
The law gives older children a voice in custody cases. Under Article 122, a child who reaches 15 years of age can choose to live with either parent.
However, the child’s choice is not automatic or final. The court can order a different living arrangement if the child’s best interests require it. The judge always makes the final decision to protect the child’s safety and well-being.
Cases under the 2022 Civil Personal Status Law
Under UAE civil law, either parent can ask the court to remove the other from joint custody. The judge will review the request based on specific legal rules to protect the child.
This process follows Federal Decree-Law No. 41 of 2022 and Cabinet Resolution No. 122 of 2023.
Article 17 of the Cabinet Resolution allows a parent to request a change in custody. You can ask the court to remove the other parent from legal custody, actual physical custody, or both.
Article 18 lists the exact reasons a judge will remove a parent from custody. The court can order a temporary or permanent removal if the parent:
- Exposes the child to domestic violence or bad treatment.
- Provides unsuitable living conditions.
- Shows behavioral or psychological problems that put the child in danger.
- Loses their legal capacity to care for a child.
- Fails to perform basic custody duties or lacks the time to care for the child.
- Has a final court conviction for crimes against morals and honor.
- Uses illegal drugs or has an addiction to alcohol.
- Has health issues that prevent them from caring for the child.
The court also considers the child’s choice at 18 years of age. The judge may consider any other reason that serves the child’s best interests.
Need Advice on Sole Custody?
Discuss the applicable custody framework, supporting evidence, and your proposed care arrangements with Faris Raian.
How to get full custody of a child in the UAE through the court
The filing route depends on the relevant court and the law that applies. Prepare your request in these steps:
- Identify the court, applicable law, and any existing custody orders.
- State the order you want, such as sole custody, a transfer, or removal from joint custody.
- Check the relevant court service for required documents, translations, and whether family guidance applies.
- Submit the application with your supporting evidence and a practical care plan.
- Follow the court’s directions for hearings and any further documents.
See our guide to preparing for a custody case in the UAE.
Evidence supporting a custody application
Your evidence should show that you can meet the child’s daily needs and provide a stable, safe family environment.
Courts rely mainly on official records and witness statements. Allegations or promises of a better life alone are insufficient.
The types of evidence a court may consider include
- School records:
Attendance, academic progress, behavior, and teacher reports. - Medical records:
Missed treatments, injuries, and professional assessments. - Official reports:
Police records, child protection records, or reports from competent authorities where lawfully available. - Housing and family:
Proof of accommodation and accurate details about family members. - Handover and visitation:
Records of child handovers, commitment to visit times, and periods when access was denied. - Work and care:
Work schedules and actual care arrangements. - Travel and education:
Travel documents, moving records, and school transfers. - Home suitability:
Evidence showing the applicant’s home is suitable, along with their care plan.
Organize the documents carefully and accurately. They help the court assess your ability to provide care and identify the arrangement that best serves the child’s interests.
A father applying for sole custody
A father may obtain sole custody by proving that the mother no longer meets a custody requirement under Article 113 of Federal Decree-Law No. 41 of 2024. Under Article 115, he may also seek a transfer if she neglects her duties or relocates in a way that undermines the child’s interests.
Documents showing daily care and stability
Supporting a custody request may require school and medical records, proof of suitable accommodation, evidence of financial income, and documented reports demonstrating the child’s actual care arrangements and stability.
Changes to existing custody arrangements
The court may reconsider custody arrangements when significant family changes or new evidence require a different arrangement to protect the child’s best interests.
See our guide to challenging custody orders in the UAE.
The effect of remarriage on a mother’s custody
Custody does not end automatically on remarriage. Marriage to a man unrelated to the child may affect the mother’s eligibility. Article 113(4) of Federal Decree-Law No. 41 of 2024 allows the court to consider the child’s best interests when assessing this condition.
See our guide to remarriage and child custody.
Under Article 115, custody may be forfeited if a required condition is no longer met. The court considers the circumstances and the child’s best interests before deciding whether custody should be withdrawn.
Official legal sources
Review the applicable law, existing orders, and supporting documents before taking the next step. The legal position depends on the family’s circumstances and the evidence available.
Book Your Consultation
To discuss your sole custody application, custody transfer, or related family law matter with Faris Raian, book your consultation on WhatsApp.
