What Factors Do Judges Consider in Custody Cases? UAE judges focus on the child’s best interests and psychological and physical safety, beyond parental income. They assess daily care and health, educational, and social stability.
Federal Decree-Law No. 41 of 2024 on Personal Status sets the general criteria. Separate civil systems govern joint custody for non-Muslims.
What Factors Do Judges Consider in Custody Cases
Article 113 requires trustworthiness, capacity to raise and protect the child, and supervision of education. The custodian must be free from diseases threatening the child’s health. A previous sexual-crime conviction or addiction to drugs, psychotropic substances, or alcohol also affects eligibility.
The following table summarizes the main factors and their legal basis:
| Main factor | Legal basis |
|---|---|
| Trustworthiness and ability to raise and supervise education | Article 113/2 of Federal Decree-Law No. 41 of 2024 |
| No infectious or dangerous disease that may threaten the child’s life or health | Article 113/3 of Federal Decree-Law No. 41 of 2024 |
| Marriage of a female custodian to a man who is not a mahram to the child, subject to the child’s interests | Article 113/4 of Federal Decree-Law No. 41 of 2024 |
| No previous sexual-crime conviction and no addiction to drugs, psychotropic substances or alcohol | Article 113/6 and 113/7 of Federal Decree-Law No. 41 of 2024 |
Does The Court Start with The Mother or Joint Custody?
Article 114 of Federal Decree-Law No. 41 of 2024 generally places the mother first after separation. The father follows, then the mother’s mother and the father’s mother. The court may depart from that order in the child’s best interests.
Under the federal civil system, Article 10 of Federal Decree-Law No. 41 of 2022 starts with joint custody for non-Muslim parents. Abu Dhabi Law No. 14 of 2021 also starts with joint custody under Article 9. The court decides disputes in the child’s best interests.
What Evidence Helps a Judge Assess the Child’s Best Interests?
Depending on the case, the court may examine social expert reports, school and medical records, witness statements, and other lawfully submitted evidence.
Under Article 122 of Federal Decree-Law No. 41 of 2024, a child who has completed fifteen years may choose either parent’s home. The child’s best interests may require a different outcome.
Frequently Asked Questions
Does a mother lose custody automatically if she remarries?
No. Under Article 113(4), the court may retain custody with a mother married to a man who is not the child’s mahram. The child’s interests must justify that decision.
How does the court handle joint custody disputes between parents?
Article 17 of Cabinet Resolution No. 122 of 2023 allows either parent to request the other’s removal from federal civil joint custody. Article 18 lists grounds including abuse risks, unsuitable living conditions, and failure to perform custody duties. The court decides according to the child’s interests.
Are social worker reports important in custody litigation?
Yes. A social expert’s report may help assess living and care conditions. Article 17(3) of Cabinet Resolution No. 122 of 2023 permits this appointment when the court considers removing a federal civil joint custodian.
Does leaving the marital home cause a mother to lose custody rights?
No. Under Article 120 of Federal Decree-Law No. 41 of 2024, leaving the marital home does not alone end the mother’s custody rights. This applies whether she leaves because of a dispute or otherwise.
The court may decide differently in the child’s interests.
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