In this video, the UAE has introduced significant reforms in the Civil Personal Status and Civil Marriage laws to ensure gender equality, particularly in child custody. These laws guarantee that non-Muslim parents have equal rights and responsibilities in the custody of their children post-divorce. Joint custody is the default unless one parent is deemed unfit or poses a risk to the child. Parents can apply to the court to grant custody to the parent best suited to the child's interests, or one parent may waive their custody rights. Either parent can request the court to exclude the other from joint custody for valid reasons, such as eligibility issues or failure to perform duties. In case of disagreements on custody matters, either parent can petition the court to intervene and resolve the dispute.
Cases of removal of the joint custodian are determined by Cabinet Decision No. 122/2023, which may consider a mutual agreement between parents regarding the child's preference at age 18. Abu Dhabi Law No. 14/2021 strengthens the principles of Federal Decree-Law No. 41/2022, ensuring joint custody as a right for both parents post-divorce. Both parents share responsibility for upbringing unless one waives their right of custody or seeks court intervention to remove the other from joint custody for valid reasons.
In conclusion, these laws provide a balanced and fair framework to safeguard non-Muslim women's rights and the best interests of their children post-divorce. By understanding these provisions and seeking appropriate guidance, non-Muslim women can navigate child custody issues more effectively.
Originally published 14 Nov 2024
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