In a dispute under Civil Personal Status Law for Non-Muslims, Awatif Mohammad Shoqi Advocates & Legal Consultancy acted for the father for the sole custody of the children in what became a significant child custody case in Dubai. The matter was heard at all three levels of the Dubai Courts and offers practical guidance on how the “best interests of the child in the UAE” principle is applied when parents reside in different jurisdictions. The client, represented by Advocate Awatif Al Khouri with the assistance of legal consultants Mr. Karim Adam and Mr. Faraz Salat, sought to ensure continuity and stability for his two children in Dubai following the breakdown of his marriage.
The parties had moved to Dubai with the intention of settling there, but the marriage later broke down due to irreconcilable differences. Following the separation, the mother left the UAE and returned to her home country. In spite of this, the father continued to provide the children with care and guidance while they resided with him, strengthening his position in seeking custody rights for the father in Dubai under the UAE law.
The case was first heard before the Court of First Instance, where the legal team sought divorce and custody on the father’s behalf. The Federal Decree-Law No. 41 of 2022 on Civil Personal Status was applied by the court to grant the divorce and order joint custody of the children under Article 10 of the law, which implies joint custody as the default action following separation to ensure shared parental responsibility. This reflected the statutory approach to joint custody vs. sole custody UAE matters. The father was granted custody during the school week, while the mother was granted custody on weekends and half of the school holidays, despite the fact that she resides outside the UAE, as per the order. But this arrangement proved to be extremely challenging to perform.
In reality, however, this arrangement was difficult to implement. The mother was permanently based in France, while the children’s schooling and day-to-day life were firmly established in Dubai. For these reasons, the firm asked the father to appeal the custody decision and seek sole custody in the UAE as a more practical and legally sustainable outcome.
Before the Court of Appeal, the legal team concentrated on how the arrangement worked in practice rather than in theory. They submitted that although joint custody may be suitable in principle, it is not workable where one parent is permanently based in another country. The children were settled in Dubai, attending school in Dubai, and also doing well under the father’s care, which was also highlighted by the team. The Court of Appeal undertook a detailed review of the case and appointed a specialized custody committee to assess the children’s situation. The committee’s report became a decisive factor in the proceedings. It recorded that although the mother had expressed an intention to return to Dubai at some point in the future, she was, at present, settled in France. The Committee concluded that preserving the existing arrangement, under which the children remained stable with their father in Dubai, was in the best interests of the child in the UAE. Considering the circumstances, it was also observed that joint custody was only possible theoretically but not practically, since its core requirement was that both parents be able to exercise direct and continuous supervision for the children.
The Court of Appeal overturned the custody decision issued by the Court of First Instance on the basis of the above observation. Hence, the court in its judgment awarded sole custody to the father in Dubai, granting the father full guardianship, including responsibility for the children’s education and healthcare. The court held that the best interests of the child in the UAE are the overriding consideration and may justify a departure from the default presumption of joint custody. As the main and key concern was stability for the children, awarding sole custody in the UAE was the best and most workable legal outcome.
This decision of the Court of Appeal was challenged by the mother before the Court of Cassation. The mother presented her arguments by stating that the law was wrongly applied and also ignored her rights. She also requested new claims, which were not put forth in the earlier stage of proceedings, for retrospective alimony and compensation.
In its final judgment, the Court of Cassation dismissed the appeal in full and upheld the decision in favor of the father secured by Awatif Mohammad Shoqi Advocates & Legal Consultancy. The Supreme Court maintained that shared custody is the norm, but the courts can provide sole custody in the UAE if it is in the child’s best interests. The court agreed with the decision to give custody to the father since it was based on reasonable grounds and supported by facts, especially since the mother’s residence was in another country and she couldn’t share custody. It also rejected the additional financial claims, confirming that matters not raised before the Court of First Instance cannot be introduced for the first time on appeal.
This case demonstrates the approach adopted by UAE family courts in prioritizing the practical well-being of children over stringent procedural norms in joint custody vs. sole custody UAE cases. It also speaks about the importance of legal representation while navigating the Civil Personal Status Law. Advocate Awatif Al Khouri, supported by Mr. Karim Adam and Mr. Faraz Salat and the firm, not only achieved a favorable outcome but also reinforced that the best interests of the child in the UAE remain the primary consideration for custody matters in Dubai.
Company Name: Awatif Mohammad Shoqi Advocates & Legal Consultancy
Contact: Awatif Al Khouri
Phone: +971 4 325 4000
Email: info@alrowaad.ae
