The UAE government has announced significant amendments to its family law, aiming to enhance children's rights and provide stronger support for mothers in custody and divorce cases.

The updated Personal Status Law, set to take effect in April 2025, reflects a broader effort to modernise the country’s legal framework and address evolving societal needs, says an expert. 

Covering both Emiratis and expatriates, the new legislation seeks to promote social cohesion, strengthen family stability, and address emerging issues affecting families in the UAE, says Dr Hassan Elhais, legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy.

Extended Custody Rights 

One of the most prominent changes is the extension of custody age to 18 for both boys and girls. Previously, mothers could only retain custody until their sons turned 11 or their daughters turned 13.

This amendment ensures that both parents remain actively involved in their children’s lives for longer periods. 

Additionally, non-Muslim mothers married to or divorced from Muslim fathers will now have the opportunity to retain custody of their children beyond the age of five.

“Under the old law a non-Muslim mother would not have the right to claim custody over her children over the age of five,” explained Dr Elhais.

This marks a significant change from the old law, which automatically transferred custody to the father at this age. The law allows courts to determine custody arrangements based on the best interests of the child. 

The legislation also permits children to choose which parent they wish to live with upon reaching the age of 15, provided the court confirms that the decision serves the child's welfare. Exceptions apply for children with critical illnesses or severe physical or mental conditions, in which case custody will remain with the mother unless otherwise decided by the court. 

Unified Travel Rights 

The updated law introduces equal travel rights for both parents, aiming to resolve disputes over travel arrangements. Either parent can travel alone with their child for up to 60 days annually, with provisions for extensions in exceptional circumstances such as medical needs. 

“A parent can travel alone with their child more than once during a year but conditioned the overall duration of all travels do not exceed 60 days,” said Dr Elhais.

The law also ensures that a mother’s decision to leave the family home does not affect her custody rights as long as the child’s welfare is not compromised. 

Enhanced Oversight and Financial Support

Stricter regulations have been introduced to manage children’s identification documents.

Mothers will retain custody of their children’s Emirates IDs and fathers will hold passports. Any misuse of these documents -- such as unauthorised travel -- can result in fines or imprisonment. 

“This rule fills a critical gap in the previous law,” Dr Elhais said.

“It prevents misuse of Emirates IDs for unauthorised travel within GCC countries where passports are not required. It also addresses cases where custodians use children’s IDs in ways that undermine the father’s guardianship rights.”

The legislation also broadens the definition of family support to include non-cash assistance such as in-kind benefits, providing greater flexibility to meet family needs. Furthermore, wives can now claim backdated maintenance for up to six months, and courts will prioritise monthly alimony payments over other debts, ensuring families receive timely financial support. 

Penalties for Breaching Custody Rules 

The law imposes tough penalties for violations, including fines ranging from AED5,000 to AED100,000 and potential jail sentences.

These penalties apply to offences such as misusing a minor's funds, failing to deliver a child’s documents to the rightful guardian, and travelling with a child without the court's or guardian's approval. 

A Commitment to Family Stability 

The new Personal Status Law demonstrates the UAE’s dedication to strengthening family bonds and safeguarding the rights of vulnerable groups, said Dr Elhais. – TradeArabia News Service