Set to take effect in April 2025, the UAE’s new family law modernizes legal frameworks to enhance the protection of children and families. Issued in October 2024, the legislation introduces critical amendments to child custody, financial rights, educational guardianship, and more.
Key Highlights of the New Family Law
1. Extended Custody Age for Children
- Custody Age: Raised to 18 years for both boys and girls, a significant change from the previous limits (11 for boys and 13 for girls).
- Child’s Choice: At 15 years, children can choose which parent to live with, provided the court approves their choice as being in their best interests.
- Special Needs Cases: For children with severe medical or psychological conditions, custody defaults to the mother unless the court decides otherwise.
2. Expanded Rights for Non-Muslim Mothers
- Non-Muslim mothers can retain custody of children from Muslim fathers beyond the age of five, pending court approval.
- This update reflects a progressive shift, granting courts greater discretion in custody matters based on the child’s best interests.
3. Streamlined Dispute Resolution
- Educational Guardianship: Mothers maintain primary guardianship, but disputes can now be expedited through the Urgent Matters Court, reducing resolution times.
- Custody Claims: Parents have one year (up from six months) to file custody claims, with possible extensions for valid reasons.
4. Equal Travel Rights for Parents
- Both parents can travel alone with their child for up to 60 days per year, with extensions allowed for special circumstances like medical needs.
- These provisions aim to balance parental rights while prioritizing the child’s welfare and minimizing disputes.
5. Enhanced Financial Support Provisions
- Family Support: Broadened to include non-cash contributions, such as in-kind benefits.
- Backdated Maintenance: Wives can claim up to six months of backdated maintenance and request increases in mandated amounts.
- Alimony Priority: Monthly alimony payments are prioritized over other debts, ensuring timely financial support to families.
6. Strict Oversight of Children’s Documents
- Custody of Documents: Mothers retain Emirates IDs, while fathers hold passports.
- Misuse Penalties: Unauthorized travel or document misuse can result in fines ranging from Dh5,000 to Dh100,000 and potential imprisonment.
- These measures address loopholes, particularly in GCC travel where passports are not always required.
7. Criminal Penalties for Violations
- Custodians violating travel provisions or failing to deliver identification documents to the rightful guardian may face fines and jail time.
- The robust legal framework underscores the UAE’s commitment to safeguarding children and family rights.
Progressive Family Law for a Modern Society
Dr. Hassan Elhais, a legal consultant, praised the legislation’s focus on welfare, saying it ensures children’s best interests while addressing the evolving needs of families. The reforms aim to strengthen family bonds, reduce disputes, and align with the UAE’s progressive vision for a modern, inclusive society.
