When a marriage ends, custody of the children is decided on its own — separately from the divorce — and the rules changed substantially in 2025. Here is what parents in the UAE need to know. This is general information; for advice on your situation, speak to our child custody lawyers in Dubai.
The 2025 changes
For Muslim families, the Personal Status Law (Federal Decree-Law No. 41 of 2024, in force since 15 April 2025) made two big changes: custody now continues for both boys and girls until they turn 18 (previously it ended at 11 for boys and 13 for girls), and a child aged 15 or older can express a preference about which parent to live with. For non-Muslim expats, the Civil Personal Status Law (No. 41 of 2022) treats both parents as having an equal right to joint custody until the child turns 18.
Custody vs guardianship — the difference that catches parents out
Custody is the day-to-day care of the child; guardianship is the authority to make major decisions such as schooling, passports, travel and finances. They can sit with different parents, which is why a custodial parent may still need the other parent’s consent to travel or change schools.
Travel and relocation
Taking a child abroad usually falls under guardianship, so it often needs the other parent’s consent or a court order; a parent can also apply for a travel ban to stop a child being removed from the UAE.
How we help
We act for mothers and fathers in custody, guardianship, visitation and relocation matters, and coordinate custody with the divorce and financial settlement. Speak to our custody lawyers in Dubai or call +971 54 388 0722.
Related reading: Family Law in the UAE.