UAE Family Law Reforms Provide Greater Protection for Unwed Mothers and Their Children.
In a groundbreaking shift, the UAE has reformed its family laws, decriminalising consensual relations outside of marriage and bolstering the rights of non-Muslim mothers. These changes, introduced in 2024, provide a more supportive framework for unmarried parents, especially in child custody and welfare matters.
Key Legal Developments:
- Decriminalisation of Consensual Relations: The new family laws remove criminal penalties for consensual sexual relations outside of marriage, offering unmarried parents greater protection.
- Child Custody Reforms: Non-Muslim mothers now have the right to retain custody of their children from Muslim fathers until the child reaches the age of five. In certain cases, custody can extend until the child finishes education or reaches adulthood, provided the mother demonstrates her capability and stability.
- Rights of Unwed Mothers: Non-Muslim mothers can now seek full custody without facing an automatic disadvantage due to their marital status or religion. Legal experts highlight that custody decisions prioritize the child's welfare, taking into account factors such as financial stability, moral character, and the ability to provide a stable home environment.
Custody Guidelines for Unmarried Parents:
- Primary Custody for Mothers: The law favours mothers for primary custody due to their natural role in child-rearing, as outlined in Article 146 of the Personal Status Law. If the mother is unfit, other female relatives or male relatives may be considered.
- Father's Financial Responsibility: Despite the mother's primary custody, the father remains financially responsible for the child's welfare, including covering expenses for food, education, and healthcare.
- Consideration of Religious Upbringing: While a child born to a Muslim father is legally considered Muslim, custody decisions are still influenced by the child’s best interests and the mother's ability to respect the child’s religious identity without interference.
Legal Protections for Mothers Concerned About Child Abduction
For mothers concerned about the potential abduction of their child, the UAE provides legal safeguards:
- Register Travel Restrictions: Mothers can request to have their child’s name added to the immigration database, preventing the child from leaving the country without their consent.
- Maintain Possession of Passport: It is crucial for mothers to keep their child's passport secure to prevent unauthorized travel.
- Document Custody Arrangements: Official custody agreements should be documented to ensure legal protection in the event of a dispute.
Legal Advice for Unwed Mothers
- Document Parental Responsibilities: Keep records of daily caregiving activities, including feeding, schooling, and other key responsibilities.
- Track Financial Contributions: Document all financial expenses related to child-rearing, including any financial support from the father.
- Formal Custody Agreement: Establishing a formal custody arrangement can prevent future conflicts and provide clarity for both parties.
- Register with Authorities: Ensure that any custody agreements are formally registered with the court for legal validation.
The reforms aim to provide a more balanced approach to custody and support for unmarried mothers, reflecting a commitment to upholding the best interests of the child while respecting both parental rights and cultural norms.
News Source: Khaleej Times
