Custody

According to Article 142 of the UAE Personal Status Law, “custody” is defined as “keeping, raising and caring for a child without interfering with the right of the guardian.” Although both fall under the umbrella of child care, the difference between the two deals more with scope rather than intent. While the guardian must provide care for the child financially and be responsible for the major decisions related to his life (education, marriage, immigration, etc.), the guardian is the most present and routine caretaker of the child, taking care of his daily needs. Usually the former is the father while the latter is the mother. 

These laws are constantly evolving and increasing in scope and application to make them as comprehensive and relevant as possible. The best interests of the child are paramount in the eyes of the law and the courts when dealing with custody cases. 

According to Article 146 (7) of the Personal Status Law, “The father and mother may request custody of the child if there is a dispute between them and the mother has left the marital home even if their marital relationship still exists. The judge decides their request depending on the best interests of the children.”