After separation, parents often ask: who will the children live with, who decides on schooling, and can either parent take them abroad?

The child custody laws in the UAE changed significantly when Federal Decree-Law No. 41 of 2024 took effect on 15 April 2025. These are not new 2026 rules, but parents should understand which law applies.

Which UAE child custody law applies to your family?

The rules for child custody after divorce in the UAE differ depending on the family’s circumstances:

• Federal Personal Status Law: Federal Decree-Law No. 41 of 2024 governs cases within its scope, particularly Muslim family matters.
• Federal civil personal status law: Federal Decree-Law No. 41 of 2022 generally provides for joint custody in the UAE civil cases involving eligible non-Muslim parents outside Abu Dhabi.
• Abu Dhabi civil law: Abu Dhabi Law No. 14 of 2021 sets separate custody rules for eligible non-Muslim families.

Six key changes under the new UAE Personal Status Law

1. The child custody age limit is generally 18

Under Article 123, custody ordinarily ends when a child turns 18, whether a boy or girl. The previous federal law generally ended a mother’s custody at 11 for boys and 13 for girls.

Custody until 18 is not guaranteed. The court considers suitability and the child’s interests. Certain health conditions can justify longer custody.

2. A child aged 15 can choose where to live

Article 122 allows children aged 15 or older to choose which parent to live with. However, that choice is not final if the court believes another arrangement better protects the child.

3. Mother’s custody rights are more flexible in interfaith cases

Under the previous law, a mother whose religion differed from her child’s generally faced a custody limit at age five. Article 113(8) now allows the court to make an exception and permit continued custody where it benefits the child, subject to conditions.

There is no automatic entitlement to custody until 18, and this rule should not be confused with the separate civil-law framework for non-Muslim families.

4. Custody and educational guardianship are not identical

Article 112 gives a custodial mother responsibility for educational decisions in the child’s best interests. Disputes over schooling can be referred to the court, and educational guardianship can be reassigned where the child’s interests require it.

A parent with day-to-day custody does not necessarily control every legal or financial decision.

5. Birth certificates and passports have different rules

Article 117 allows the custodian to hold a child’s birth certificate and relevant identification documents, including the identity card. The guardian may ordinarily retain the passport, but must provide it for authorised travel. A court can intervene if the passport is unreasonably withheld.

6. Visitation rights can include overnight stays

Under Article 121, child visitation rights in the UAE cases can include visits, taking the child out and overnight stays. Parents may agree arrangements; otherwise, the court can decide what serves the child best.

The UAE also introduced implementing regulations under the new federal law, including measures relating to family procedures.

Can you travel abroad with your child after divorce?

Child travel consent in the UAE custody cases is particularly important. Under Article 116 of the 2024 law, a custodial parent generally needs the other parent’s written approval or court authorisation before taking the child outside the country.

A court may authorise travel totalling up to 60 days in a year, with extensions possible in certain circumstances. That is not an automatic right to travel for 60 days. Unauthorised travel can carry legal consequences.

Who pays child support after divorce in the UAE?

Child support in the UAE proceedings is separate from custody. Under Article 106 of the 2024 federal law, a father is generally responsible for the maintenance of a child who lacks their own means, subject to the law’s conditions. This may include necessary living and educational expenses. Civil-law cases can follow different rules.

What should parents do about existing custody orders?

Older orders do not automatically change. Check the applicable law, confirm schooling and contact arrangements, document travel permissions, and seek advice before relocating or changing a court-approved arrangement.

Frequently asked questions

Who gets child custody in Dubai after divorce?

Under the federal Personal Status Law, the mother ordinarily has first priority after separation, but the child’s welfare and statutory conditions can change the outcome. Eligible non-Muslim civil cases generally start from joint custody.

Do expatriate parents have the same custody rights? Not always. The governing regime may differ, including under Abu Dhabi’s civil framework, where joint custody generally continues until 16.

Conclusion

Understanding the UAE child custody laws in 2026 is essential for parents navigating divorce or separation. While the new Personal Status Law introduces important changes to custody age limits, parental rights and visitation arrangements, the child’s best interests remain the priority. Since custody rules vary depending on individual circumstances and the applicable law, seeking professional legal guidance can help parents make informed decisions, avoid disputes and protect their children’s future.

Contact us now for professional guidance.