A clear overview of custody rules, parental rights, and child protection under the updated UAE Personal Status Law.
The UAE introduced major changes to its custody rules under Federal Decree-Law No. (41) of 2024, which issued the new Personal Status Law. These changes aim to protect children, support family stability, and ensure that all custody decisions are based on the best interests of the child.
Below is a clear explanation of the most important changes.
What Is the New Custody Age in the UAE?
Under the new law, custody continues until the child reaches 18 years of age, for both boys and girls.
This is a major change from the earlier rules, which ended custody at different ages depending on gender. The law now treats male and female children equally.
Can a Child Choose Between the Mother and Father?
Yes.
When a child reaches the age of 15, they are given the right to choose whether they want to live with the mother or the father.
However, this choice is not absolute. The court can decide otherwise if it believes that the child’s choice is not in the child’s best interests.
Who Has Priority for Custody?
The law sets a general order for custody, which is:
- Mother
- Father
- Maternal grandmother
- Paternal grandmother
That said, the court is not bound by this order. If the judge believes that a different arrangement better protects the child, the court has full authority to change the custodian.
Does a Mother Lose Custody If She Remarries?
No.
Under the new law, a mother does not automatically lose custody if she marries again, even if the new husband is not related to the child.
Custody will only be removed if the court is satisfied that the marriage harms the child’s welfare. The focus is no longer on marital status, but on the child’s well-being.
Who Must Provide Housing for the Child?
The father, or whoever is legally responsible for the child’s maintenance, must:
- Provide a suitable home for the custodian and child, or
- Pay the rent for such housing
This obligation does not apply if the custodian already owns a suitable residence.
Is There a Limit on Maintenance Payments?
Yes.
The total maintenance amount — including housing — must not exceed 60% of the father’s net income.
This rule is intended to balance the child’s needs with the payer’s financial capacity.
Can Housing be Replaced with Cash?
Yes.
The courts now allow housing to be replaced with a yearly cash allowance instead of requiring the father to provide a physical home.
This change helps simplify enforcement and avoids practical disputes over housing arrangements.
Who Keeps the Child’s Passport?
In general:
- The guardian (usually the father) may keep the child’s passport
- The passport must be handed over to the custodian when actual travel takes place
What If the Guardian Refuses to Return the Passport?
If the guardian deliberately refuses to hand over the passport when needed, the judge has the authority to:
- Order that the passport remain with the custodian
This prevents misuse of passport control to block lawful travel.
What About Children of Unknown Parentage?
Under Decree No. 12 of 2025, the law allows:
- Families
- Women residing in the UAE
to obtain custody of children of unknown parentage, subject to strict conditions that ensure the child’s safety, care, and protection.
This applies to residents, not only citizens.
Key Takeaway
The new UAE custody law focuses on:
- The child’s best interests
- Equal treatment of boys and girls
- Greater flexibility for courts
- Practical solutions for housing, travel, and maintenance
Custody decisions are no longer rigid or automatic. Courts now have broader discretion to ensure that each child’s situation is handled fairly and humanely.
Frequently Asked Questions on the UAE Custody Law
Until what age does custody now continue in the UAE?
Under the new Personal Status Law, custody continues until the child reaches 18 years of age, regardless of gender. This replaces the earlier system where custody ended at different ages for boys and girls, and reflects a unified, child-centred approach.
Can a teenager decide which parent to live with?
Yes. A child who has reached 15 years of age may express a preference to live with either parent. The court will usually respect this choice unless it believes that following it would harm the child’s welfare or best interests.
Does remarriage automatically affect a mother’s custody rights?
No. A mother does not automatically lose custody if she remarries, even if her new spouse is unrelated to the child. Custody is removed only if the court is satisfied that the remarriage negatively affects the child.
Is the custody order fixed, or can the court change it?
The custody order is not rigid. Although the law sets a general priority list, the court has full discretion to appoint a different custodian if doing so better serves the child’s best interests.
Who is responsible for the child’s housing and living costs?
The parent legally responsible for maintenance (usually the father) must provide suitable housing for the child and custodian, or pay for it. Courts may also allow a cash housing allowance instead of a physical residence.
Is there a legal cap on maintenance payments?
Yes. The total maintenance amount, including housing costs, should not exceed 60% of the payer’s net income. This cap is intended to ensure fairness while still meeting the child’s reasonable needs.
What protection exists if a passport is used to block travel?
If a guardian refuses to release the child’s passport without valid reason, the judge may order that the passport remain with the custodian. This prevents misuse of passport control to obstruct lawful travel.
