Child Custody Rules (Hadana) in the UAE (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Omani royal decrees, ministerial decisions, and the Basic Statute of the State. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Child custody (hadana) in the UAE determines who the child lives with after a divorce. The law prioritises the best interests of the child:
- Mother's priority: Under Sharia-based rules, the mother typically has custody of young children — boys until age 11 and girls until age 13. The court can extend this if it is in the child's best interest.
- Father's guardianship: The father retains legal guardianship (wilaya), which includes decisions about the child's education, health, and travel, even when the mother has physical custody.
- Non-Muslim custody: Under the 2022 amendments, non-Muslim parents can apply to have custody decided under shared custody principles or the law of their home country through the ADJD civil courts.
- Visitation rights: The non-custodial parent has a legal right to regular visitation, and the court will set a schedule if the parents cannot agree.
- Custody conditions: The custodial parent must be of good character, mentally and physically able to care for the child, and must not remarry someone the child is not related to (for mothers, this can affect custody under Sharia rules).
When does it apply?
- You are going through a divorce or separation and have children under 18.
- Muslim families follow the Personal Status Law custody rules.
- Non-Muslim families may opt for civil custody rules in Abu Dhabi.
What to Do If You Are Involved in a UAE Child Custody Dispute
- File a custody claim with the Family Court during or after your divorce proceedings.
- Provide evidence of your ability to care for the child — stable income, suitable housing, and emotional availability.
- If you are the non-custodial parent, request a formal visitation schedule from the court.
- Do not agree to informal arrangements — get the custody and visitation order in writing from the court.
What should you NOT do?
- Do not take the child out of the UAE without the other parent's written consent or a court order — this is a criminal offence.
- Do not withhold visitation from the non-custodial parent — the court can change custody if you do.
- Do not assume custody is permanent — either parent can request a modification if circumstances change.
About Family Law in Oman
The UAE runs two parallel family-law tracks. Muslim residents fall under the Personal Status Law (Federal Decree-Law No. 41 of 2024), which came into force on 15 April 2025 and expressly repeals the prior Federal Law No. 28 of 2005 (the 2005 Personal Status Law). Non-Muslims can use Federal Decree-Law No. 41 of 2022 — a secular code for marriage, no-fault divorce, joint custody, and equal inheritance, run mainly through the Abu Dhabi Judicial Department (ADJD). Wills can be registered at the DIFC Wills Service Centre. Domestic abuse is criminalised by Federal Decree-Law No. 10 of 2019; the Dubai Foundation for Women and Children helpline is 800-111.
Common Questions
What is the child custody rules (hadana) right in Oman?
Child custody (hadana) in the UAE determines who the child lives with after a divorce. The law prioritises the best interests of the child:Mother's priority: Under Sharia-based rules, the mother typically has custody of young children — boys until age 11 and girls until age 13. The court can extend this if it is in the child's best interest.Father's guardianship: The father retains legal guardianship (wilaya), which includes decisions about the child's education, health, and travel, even when the mother has physical custody.Non-Muslim custody: Under the 2022 amendments, non-Muslim parents can...
When does it apply — child custody rules (hadana)?
You are going through a divorce or separation and have children under 18.Muslim families follow the Personal Status Law custody rules.Non-Muslim families may opt for civil custody rules in Abu Dhabi.
What should I do if I am going through a divorce and need to establish child custody in the UAE?
File a custody claim with the Family Court during or after your divorce proceedings.Provide evidence of your ability to care for the child — stable income, suitable housing, and emotional availability.If you are the non-custodial parent, request a formal visitation schedule from the court.Do not agree to informal arrangements — get the custody and visitation order in writing from the court.
What should you NOT do — child custody rules (hadana)?
Do not take the child out of the UAE without the other parent's written consent or a court order — this is a criminal offence.Do not withhold visitation from the non-custodial parent — the court can change custody if you do.Do not assume custody is permanent — either parent can request a modification if circumstances change.