Changes to family law in UAE set to take effect in April

New custody, financial rights, and educational guardianship laws will take effect in April 2025, bringing key reforms.

The United Arab Emirates has introduced a groundbreaking family law that modernises legal frameworks, enhancing the protection of children and families.

The new legislation, which was issued in October of 2024 and will come into effect in April this year, includes significant changes to child custody, financial rights, and educational guardianship.

A notable aspect of the reform is the extension of the custody age to 18 for both boys and girls. Previously, mothers were granted custody until boys turned 11 and girls turned 13.

Under the new law, children aged 15 will have the right to choose which parent they wish to live with, provided the court deems their decision in their best interests.

"This change reflects a stronger focus on the welfare of children while respecting their growing independence as they mature," explained Dr Hassan Elhais, a legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy.

For children with severe medical or psychological conditions, custody will remain with the mother unless the court determines that another arrangement is in the child's best interest.

The law also introduces a significant shift for non-Muslim mothers, allowing them to retain custody of children from Muslim fathers beyond the age of five, subject to court approval.

This update grants more discretion to courts to act in the best interests of the child, a change from the previous law, which automatically transferred custody at age five.

The law also aims to expedite family-related disputes. Educational guardianship remains primarily with the mother but can now be addressed by the Urgent Matters Court to resolve conflicts more efficiently.

This development eliminates long delays, particularly in educational matters, where disputes could previously take up to a year to resolve.

In addition, parents now have one year, instead of six months, to file custody claims, with extensions granted if there are valid reasons for the delay. This amendment ensures that technicalities do not override the child's best interests in custody cases.

The new law also gives both parents equal travel rights, allowing either to travel with the child for up to 60 days per year, with possible extensions for special circumstances. This adjustment promotes balance between parental rights and the child's welfare while reducing unnecessary disputes.

Other significant changes include broadening the definition of family support to include non-cash assistance, such as in-kind contributions, and allowing wives to claim backdated maintenance for up to six months and request increases in alimony payments.

Monthly alimony payments are now given precedence over other debts, ensuring timely financial support for families.

Stricter controls have also been implemented regarding children's identification documents. While mothers hold Emirates IDs and fathers retain passports, any misuse, such as unauthorized travel, could result in severe legal penalties, including fines or imprisonment.

Custodians who violate travel provisions or fail to deliver documents to the rightful guardian could face fines ranging from Dh5,000 to Dh100,000, along with potential jail sentences.

"This robust legal framework underscores the UAE’s commitment to safeguarding children and protecting family rights," concluded Dr Hassan Elhais.