The UAE has introduced a newly modernized family law aimed at enhancing the protection of children and families, with significant changes set to take effect in April 2025.
Issued in October 2024, the legislation marks a major step forward in safeguarding family rights, with particular focus on child custody, financial rights, and educational guardianship.
Extension of Custody Age for Boys and Girls
A key change in the new law is the extension of the custody age to 18 for both boys and girls. Previously, custody was granted to mothers until boys turned 11 and girls 13. The new provisions align with a growing recognition of children’s evolving independence. As Dr. Hassan Elhais, legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy, explains,
“This change reflects a stronger focus on the welfare of children while respecting their growing independence as they mature.”
Children aged 15 will now have the right to choose which parent to live with, as long as the court deems their decision to be in their best interests. For children with medical or psychological conditions, custody will generally remain with the mother unless an alternative arrangement is in the child's best interest.
Expanded Rights for Non-Muslim Mothers
In a progressive move, the law also extends custody rights for non-Muslim mothers. Previously, non-Muslim mothers could not retain custody of children past the age of five. Under the new law, non-Muslim mothers can keep custody beyond this age, subject to court approval, providing courts with greater discretion to consider the best interests of the child.
Streamlined Resolution of Family Disputes
The new law introduces measures to expedite family-related disputes, particularly in cases involving educational guardianship. The Urgent Matters Court will now address these disputes more quickly, eliminating the long delays that previously left families in limbo for up to a year.
"These provisions eliminate lengthy delays, especially in educational matters, where disputes could take months to resolve,"
Dr. Hassan noted.
More Time to File Custody Claims
The new law extends the time period for filing custody claims from six months to one year. The clock begins once a parent is aware of the reason for filing. Additionally, courts may grant further extensions for valid reasons, ensuring that procedural technicalities do not supersede the child’s best interests.
Equal Travel Rights for Parents
The legislation grants both parents equal travel rights, allowing either parent to travel with their child for up to 60 days per year. Special circumstances, such as medical needs, may allow for extensions. Dr. Elhais remarked,
“This update balances parental rights and helps prevent disputes while ensuring the child’s welfare remains the central focus.”
Revisions to Financial Support and Family Contributions
The family law revises financial support provisions, now including non-cash assistance such as benefits or in-kind contributions. It also allows wives to claim backdated maintenance for up to six months and request increases in alimony. In addition, monthly alimony payments will take precedence over other debts, ensuring timely support for families.
Strict Oversight of Children’s Documents
New regulations have been introduced regarding the handling of children's identification documents, with mothers retaining Emirates IDs and fathers holding passports. Unauthorized travel can result in severe penalties, including fines and imprisonment. Dr. Elhais explained that the stricter controls address gaps in the law, particularly for travel within GCC countries where passports are not always required.
Criminal Penalties for Violations
The law also establishes criminal penalties for custodians who violate travel provisions or fail to deliver documents to the rightful guardian. Fines range from Dh5,000 to Dh100,000, and violators may face jail sentences.
Dr. Hassan concluded,
“This robust legal framework underscores the UAE’s commitment to safeguarding children and protecting family rights.”
With these comprehensive reforms, the new family law ensures a more balanced, fair, and child-centric approach to family disputes, solidifying the UAE’s progressive vision for a modern society.
News Source: Khaleej Times
