This guide answers the question, “Can text messages be used in court for child custody in the UAE?” Text messages can be used in court for child custody in the UAE as electronic evidence, but a court does not accept them automatically. The Evidence Law treats electronic correspondence as documentary evidence, and the Personal Status Law applies that law to matters it does not cover (Decree-Law No. 41 of 2024, Article 2). Read the Evidence Law on the UAE legislation portal.
In practice, the question is not whether a message is allowed but whether it is genuine, whether the other parent sent it, and what it proves.
Can Text Messages Be Used In Court For Child Custody in the UAE? Explained
The Evidence Law has a chapter on electronic evidence (Articles 53 to 64).
| Point | Rule | Article |
|---|---|---|
| What counts | Electronic evidence is any evidence from data or information generated, stored, extracted, copied, transmitted, reported, or received by information technology on any medium if it can be retrieved in an understandable way. | 53 |
| Messages are covered. | The list includes electronic correspondence, including emails; modern means of communication; electronic media; and any other electronic evidence. | 54 |
| Its status | Electronic evidence is subject to the same provisions as documentary evidence. Apart from formal electronic evidence (Article 56), it has the probative value of an informal instrument. | 55, 59 |
| Attribution | Correspondence proved to be attributable to its sender has the value of an informal instrument, unless the sender proves that he did not send it or cause it to be sent. | 29 |
| Producing it | It is produced in its original format or by other electronic means. The court may ask for its content in writing if its nature allows. | 60 |
| Refusing to produce it | A litigant who, without an acceptable excuse, refuses to produce what the court needs to verify it loses the right to invoke it, or it is treated as valid against him, as the case may be. | 61 |
| If it cannot be verified | If verification fails for a reason not attributable to the litigants, the court assesses its probative value from the circumstances of the case. | 62 |
| Extracts | An extract has the value of the electronic record itself if it is identical to it. | 63 |
Some articles are written for transactions, such as Article 57 on informal electronic evidence between the parties to a transaction. A custody dispute is not a transaction, so the general rules in Articles 29, 55, and 59 apply.
How A Court Tests A Message
The other parent can deny that he or she sent the message. The court then has several tools, and the authenticity of the message becomes the main issue.
- It can order verification, including by an expert, who reports on the technical points (Articles 109 and 117).
- A party can claim forgery. The claimant must state each alleged point of forgery and the proof, and the court may order an investigation (Article 44).
- A claim of forgery that is rejected carries a fine of AED 3,000 to AED 10,000. An instrument established to be forged is referred to the Public Prosecution (Article 49).
- The court can decide not to admit the results of an evidentiary proceeding, with reasons, and can reject an instrument it finds to be forged (Articles 8 and 48).
The weight a message carries depends on whether the court is satisfied that it is genuine and came from the person to whom it is attributed. Where evidence conflicts and cannot be reconciled, the court may weigh it using inferences from the facts and must give its reasons (Article 3).
What Messages Can Prove In A Custody Case
A message is only useful if it proves a relevant fact.
For the wider custody context, see our guide to factors judges consider in custody cases.
| What The Message Shows | Why It Matters | Source |
|---|---|---|
| The other parent admits a fact, such as a missed pickup or a refusal to return the child. | A statement made outside the case can be an extrajudicial admission. An admission can be express or implied, oral or written. | Evidence Law 14, 16 |
| Addiction, neglect, or conduct that bears on fitness | The court checks the custodian’s conditions, and custody can lapse if a condition is lost or the duties are not performed. | PSL 113, 115 |
| An agreement on visiting times or handovers | Visitation follows the parents’ agreement, and the court decides if they disagree. | PSL 121 |
| Consent to travel abroad | A custodial parent needs the other’s written consent. Whether a message meets that requirement is for the court. | PSL 116 |
| Threats or abuse | They can support a report and a restraining order | DV Law 5, 8, 11 |
A person below 15 cannot testify, and that person’s statements may be heard for guidance only (Evidence Law, Article 70).
Article 71 does not admit testimony given for descendants by ascendants, for ascendants by descendants, for one spouse by the other, even after their separation, or for the person in their care by custodians or guardians. The article speaks of testimony given “for” those persons, and it says nothing about testimony given against them. A witness must also disclose any relationship with the parties or any interest in the case (Article 71(1)).
How To Keep And Present Messages
Keep the original and the context.
- Keep the original messages on the device, and back them up. The court may ask for them in their original format (Article 60).
- Take full screenshots that show the number or name, the date, and the time. Do not crop, edit, or annotate the originals.
- Export the whole chat, not only the helpful parts. The court looks at context.
- Record how the other parent’s number is linked to him or her, such as the number used for school or official forms. This supports attribution.
- If the other parent holds a message you need, ask the court to order production. A litigant can request an instrument shared with the other side, or one side relies on the other, and a refusal has consequences (Evidence Law, Articles 33 and 34).
- Prepare a certified Arabic translation of any message in another language, so the court can read it.
Risks In How You Get The Messages
Use only messages sent to you or in an account you are entitled to use. Getting into another person’s phone or account without permission can be an offense under the Cybercrimes Law (Articles 2 and 44). Sharing private chats publicly can also expose you to liability, so give them to the court or your lawyer, not to others.
For related privacy and evidence issues, read about audio recordings in family court.
In criminal cases, digital evidence has the same probative force as physical forensic evidence (Cybercrimes Law, Article 65). If you have been threatened, tell the police and keep the messages.
Need Help Preparing Messages For Your Case?
For help, you can send us your chats on WhatsApp or through the Contact Us page.
Non-Muslims
Under the civil personal status law, custody disputes go to the court under Article 10, and other laws in force apply to matters that law does not cover (Article 15). The Evidence Law applies to evidence in civil and commercial transactions, so ask a lawyer how it applies to your case.
Questions About Messages As Evidence
Discuss the Evidence in Your Custody Case
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