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Child custody law in Sharjah, United Arab Emirates, is governed by the principles of Sharia law. In general, the mother is typically given custody of the children, whereas the father is granted guardianship (meaning he is responsible for the child's upbringing, education, and future well-being). However, the specifics of child custody disputes are examined on a case-by-case basis, considering the best interests of the child in question. Conditions for custody include the capability, qualifications, and moral aptness of the custodian.
Having a lawyer is beneficial in child custody cases, particularly due to the complexities of Sharia law, and the varying interpretations of these legal principles. If you are new to the UAE or are unfamiliar with Sharia law, a lawyer can guide you through the legal process. They will inform you about your rights and duties, represent you in court, and negotiate on your behalf in mediations. Engaging a lawyer is also advised in cases of a complex divorce, when going against an adversary who has legal representation, or if your case involves children with special needs or complicated circumstances.
According to UAE law, a mother may retain custody of her boys until they reach the age of 11 and her girls until they reach the age of 13. After these ages, custody generally transfers to the father. However, if it's in the best interest of the child, the court may permit the mother to retain custody. The father, as the guardian, has financial responsibility for the child's welfare. This includes housing, food, education, and medical care.
The court considers various factors when determining custody, including the child's age and gender, the parent's capacity to provide care, the moral aptness of the parent, and the willingness to maintain kinship ties on both sides.
At the age of 12, a child can express whom they wish to live with, and their opinion may influence the court's decision concerning custody, although the final decision remains with the court.
Frequently, but not always. The court will generally grant the mother custody of young children unless there are compelling reasons not to.
Non-Muslim foreigners can often get involved in child custody disputes. Still, the default legal system will be Sharia law unless both parents agree to refer the matter to their home country law.
Leaving the country with a child without the permission of the other parent may be considered child abduction under UAE law and can have severe consequences.
You may find it helpful to consult with organizations specializing in family and child law in the UAE or Islamic law more generally. Additionally, the relevant government bodies, such as the Sharjah courts or Ministry of Justice, can provide official documents, resources, and information regarding child custody.
If you need legal assistance in a child custody matter, you should immediately contact a reputable family lawyer in Sharjah. They can help guide you through the process, explaining how UAE laws apply to your situation, and represent you in court if necessary. Remember to bring all relevant documentation to your consultations with your lawyer.
