UAE’s new family law brings sweeping changes; here are the most important ones

The UAE’s newly introduced family law modernises legal frameworks and enhances the protection of children and families.

The legislation, issued in October 2024 and set to take effect in April 2025, introduces significant amendments to child custody arrangements, financial rights, and educational guardianship.

Extension of custody age for both boys and girls

One of the most notable changes is the extension of custody age to 18 for both boys and girls.

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“This change reflects a stronger focus on the welfare of children while respecting their growing independence as they mature,” said Dr Hassan Elhais, legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy.

Previously, custody was granted to mothers until boys turned 11 and girls turned 13.

Under the new provisions, children at the age of 15 are allowed to choose which parent they wish to live with, as long as the court deems their choice to be in their best interests.

For cases involving children with severe medical or psychological conditions, custody will remain with the mother unless the court finds that an alternative arrangement better serves the child.

Expanded rights for non-Muslim mothers

In a progressive move, the law now allows non-Muslim mothers to retain custody of their children from Muslim fathers beyond the age of five, subject to court approval.

This marks a significant departure from the previous law, which automatically transferred custody at this age.

“Previously, non-Muslim mothers were often unable to claim custody of their children after the age of five. This update grants courts more discretion to consider the best interests of the child,” Dr Hassan noted.

Streamlined resolution of disputes

The law introduces measures to expedite family-related disputes. For example, educational guardianship remains primarily with the mother but can now be addressed by the Urgent Matters Court, which is tasked with resolving disputes more efficiently.

“These provisions eliminate the lengthy delays that previously left families in limbo, especially in educational matters, where disputes could take up to a year to resolve,” Dr Hassan said.

Flexibility in filing custody claims

Under the new regulations, parents now have one year, instead of six months, to file custody claims.

“The extended period is calculated from the date of them knowing the reason for claiming custody,” said Dr Elhais.

Additionally, courts may grant further extensions if claimants present valid reasons for the delay.

“This adjustment resolves a recurring issue in custody cases where parents faced procedural dismissals. It ensures that technicalities do not override the best interests of the child,” Dr Hassan explained.

Equal travel rights for parents

Both parents are now granted equal travel rights under the new law, allowing either parent to travel alone with their child for up to 60 days per year.

Extensions may be granted in special circumstances, such as medical needs or other justifiable reasons.

“This update allows parents to travel along with their child on one or more occasions per year,” said Dr Elhais.

“It also balances parental rights and helps prevent unnecessary disputes while still ensuring the child’s welfare remains the central focus,” Dr Hassan said.

Revisions to financial support

The law broadens the definition of family support to include non-cash assistance, such as benefits or in-kind contributions.

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