Child custody under UAE divorce law is now set by Federal Decree-Law No. 41 of 2024, in force since 15 April 2025, for Muslim families. Custody lasts until the child turns 18 for both boys and girls, and a child of 15 can choose which parent to live with.
Non-Muslim families follow Federal Decree-Law No. 41 of 2022, where custody after divorce is joint and equal by default.
This guide explains the rules in plain words. For the factors judges weigh in disputes, read what factors judges consider in custody cases.
Child Custody Under UAE Divorce Law Explained: Key Rules
| Rule | What it means | Article (2024 law) |
|---|---|---|
| Who can be custodian | Sane, adult, trustworthy, able to care, with no addiction | 113 |
| Order after separation | Mother first, then father and other relatives, unless the child’s interest requires otherwise | 114 |
| Loss of custody | Failing custody duties, or a delay of over a year in claiming | 115 |
| Travel abroad | Needs the other parent’s written approval, or court permission up to 60 days a year | 116 |
| Passport | The guardian may keep it, unless the court orders otherwise | 117 |
| Child’s choice | From age 15, unless the choice harms the child | 122 |
| End of custody | At 18, or later for a child with a disability or serious illness | 123 |
The law is on the UAE Legislation portal.
Custody vs Guardianship
Custody (hadana) means day-to-day care: home, food, school runs and routine. Guardianship (wilaya) means legal authority over major decisions and the child’s property.
Usually the mother has custody and the father has guardianship. Each parent has rights the other must respect. Read more in what is the difference between guardianship and custody.
What Changed in 2025
- Age: custody now ends at 18 for boys and girls, instead of 11 and 13.
- Child’s choice: at 15, the child can choose a parent.
- Non-Muslim mothers: the court can keep a child with a non-Muslim mother under conditions it sets.
- Remarriage: a mother’s remarriage does not end custody automatically if the child’s interest requires otherwise (Article 113(4)).
Review older custody agreements against these rules. Some terms may need a new order.
Need advice on a custody arrangement? Speak to our lawyers on WhatsApp or through the Contact Us page.
Non-Muslim Families
Under Article 10 of Federal Decree-Law No. 41 of 2022, custody after divorce is a joint and equal right of both parents. The court decides any dispute based on the child’s interest.
For sole custody, see how to get full custody of a child in the UAE.
Frequently Asked Questions
At What Age Does Custody End in the UAE?
At 18, under Article 123 of the 2024 law.
Who Gets Custody After Divorce in the UAE?
For Muslim families, the mother usually has priority. For non-Muslims, custody is joint and equal by default.
Can a Child Choose Which Parent to Live With?
Yes, from 15, unless the court finds the choice harms the child.
Can the Custodial Parent Travel Abroad With the Child?
With the other parent’s written approval, or court permission for up to 60 days a year.
Does a Mother Lose Custody if She Remarries?
Not automatically. The court can keep custody with her if the child’s interest requires it.
Speak to a Child Custody Lawyer
Our child custody lawyers in Dubai and divorce lawyers advise on custody under the 2024 and 2022 laws.
Speak to our lawyers on WhatsApp or use the Contact Us page.
