Definition of custody: The Emirati legislator defined custody according to the Personal Status Law as the preservation and protection of the child and taking over his responsibility, care and proper upbringing.

According to Federal Law No. (28) of 2005 AD regarding personal status, the custody of children is for the mother, as she is the most worthy, patient, and compassionate for her child, and she has what the man does not have the ability to raise the young at the beginning of his life, as the law has defined custody It is the daily care of the child, in a manner that does not conflict with the right of guardianship granted to the father. As the responsibility of spending on the child in custody and providing for him financially is the responsibility of the father.

Age of custody: The age of custody is regulated by Article 156 of Federal Law No. (28) of 2005 AD regarding personal status and explicitly stipulated, as the age of custody in UAE law ends when the male child reaches eleven years of age and the female child is thirteen years old. In the event that the court deems it is in the interest of the fostered child to remain with the mother, it may extend the period until the male reaches puberty or the female gets married.

At THE BLACK ROBE FOR LEGAL CONSULTANCY AND DEBT COLLECTION company, we have paid attention to taking care of custody cases, and we have assigned a specialized legal adviser with experience in them over many years .

The conditions that must be met by the incubator according to the nursery law in the UAE

– In the interest of the security and safety of the fostered child, and that what our legislator cares most about is the interest of the fostered child in the first place, the law has set important and essential conditions for the person entitled to custody according to what was stipulated in Articles 143 and 144 of the Personal Status Law, and among the most important conditions that must be met by the fosterer:

1- Mind

2- Adulthood

3- Secretariat

4- The ability to raise, maintain and care for the fostered child

5- Safety from dangerous infectious diseases

6- He must not have been previously convicted of any of the crimes involving honor.

 

In addition to the above conditions, there are other conditions that must be met by the incubator in certain circumstances:

In the event that the custodian is the mother, the following conditions must be met:

1- Not getting married unless the court determines otherwise in the interest of the fostered child.

2- To unite with the fostered child in religion

– Either if the custodian is the father:

1- He should have a female who is suitable for custody.

2- To unite with the fostered child in religion.

 The right to travel with the fostered child:

– It is absolutely not permissible for the custodian to travel with the fostered child outside the country except with the consent of the guardian of the soul in writing, or the approval of the judge to travel the fostered child according to her discretionary authority, and if one of the non-custodial parents suspects that the travel of the fostered child will result in kidnapping and stands in the way of his exercising his legitimate right towards the fostered child, then it is permissible to request Obtaining a travel ban to prevent the fostered child from leaving the airport, and the matter is referred to the judge in the event of a dispute. In the same regard, Article 151 states the following:

1- If the custodian is other than the mother, she may not travel with the child without the written permission of his guardian.

2- The guardian, whether father or otherwise, may not travel with the child during the custody period, except with the written permission of the person in custody.

3- It is not permissible to forfeit the custody of the declared mother simply because the father has moved to a country other than the one in which the custodian resides, unless the move was for the purpose of stability, and was not harmful to the mother, and the distance between the two countries was far, making it difficult to see the fostered child and return on the same day by means of public transportation.

– The judge is also entitled to order that the passport be kept in the hands of the custodian if he sees intransigence on the part of the guardian in handing it over to the custodian at the time of need. The custodian may keep the original birth certificate and any other supporting documents belonging to the fostered child, or a certified copy thereof, and she may keep the identity card of the fostered child.

 It is also important for us to shed light on one of the reasons for the forfeiture of the custody right as we are Child Custody Lawyer in Dubai, Abu Dhabi UAE, as the custodian’s right to custody falls in the following cases:

1- If one of the conditions that must be met by the incubator

2- If the custodian resides for the purpose of settlement in a country where it is difficult for the guardian of the fostered to perform his duties.

3- If the person entitled to custody does not claim it for a period of six months without an acceptable excuse.

 

Women who are entitled to custody of mahrams

– The right of custody of the child is established for the mother and then for the female mahrams, giving preference to the one who certifies the mother over the one who certifies the father, and is considered the closest on both sides, with the exception of the father in the following order:

1. mother.
2. the father.

III. The mother of the mother, even if she is ill.

1. The mother of the father, even if she is ill.
2. Sisters by presenting the sister, then the sister to the mother, then the sister to the father.
3. Sister’s daughter.

VII. Mother’s sister’s daughter.

VIII. Aunts in advanced order in sisters.

1. Paternal sister’s daughter.
2. Nephews in advanced order of sisters.
3. Aunts in the above order.

XII. Maternal aunts in the aforementioned order.

XIII. Father’s aunts, in the aforementioned order.

XIV. Maternal aunts in the order mentioned.

1. Paternal aunts in the aforementioned order.