In the cases where is divorce is unavoidable, bitter clashes shall not be the reason to decide the custody of the children. Post comparing family laws of several countries, it is quite apparent that all countries family laws primarily focus on the best interest of the child whilst issuing custody judgments and deciding the parent with whom shall the child reside, post the divorce. The custodian will be then responsible to meet the day-care needs of the child and to support him/her physically, mentally and emotionally in his upbringing.
UAE is a Sharia-based country and most laws are derived from Sharia principles, especially the Personal Status Law (Federal Law number 28 OF 2005) which governs the issues of marriage, divorce, custody and inheritance. Family Lawyers of Dubai has represented clients, be it husband or wife in different cases of divorce or custody depending upon the circumstances of the cases. In addition, the custody, maintenance and guardianship of the children are governed and regulated by Personal Status Law under several provisions such as Article 142-150. The issue of child custody depends completely on the eventual benefits of the child, as per the decision court, as the privilege of custody is the right of the child and not of the parents.
An intriguing feature of custody laws in U.A.E. is the various responsibilities relegated to both the parents. These distinctions are frequently found in the portrayals of guardian and custodian. A guardian of a kid monetarily keeps up the child, settles on significant choices about the youngster’s instruction and childhood, and for the most part deals with the child’s issues. On the other hand, the custodian is concerned about the youngster’s everyday life as she/he possesses the actual custody of the child and must raise the child with utmost care. Under the provisions of UAE Law, the separation of responsibilities between the custodian and guardian is not definite as either parent can have both responsibilities and in that case the father, if he is awarded the custody. In general circumstances, the mothers are usually awarded with the custody of the children until a certain age that is 11 years for the male child and 13 years for the female child, yet subject to the best interest of the child, as per Article 156 of the Personal Status Law.
Nevertheless, the court may award the custody of the child to the father/guardian under several circumstances, for instance under Article 145 of the Law, if the custodian of the child is a mother of different religion to that of the child, her right to custodianship can be defeated, provided that the child is above the age of 5 years and as per discretion of the judge.
Secondly, under Article 144, the court may award the custody of the child to the father, if the mother re-marries to a man not related to the child, unless the court decides that the best interest of the child resides with the mother.
In cases of the fathers applying for custody of the child, it is always recommended to appoint top family lawyers of Dubai, in order to ensure their rights of seeking custody and if not, what other rights do they possess in terms of their guardianship.