Guardianship and Custody Laws in the UAE: Gender Equality in Progress

Abstract

Significant legal developments have been achieved in the United Arab Emirates to reform family law, particularly regarding guardianship and custody matters. The UAE is making strides towards more gender-neutral interpretations of parental duties and child custody with the implementation of Federal Decree-Law No. 41 of 2024. This article assesses whether patriarchal structures are still ingrained in the family law framework or whether these revisions effectively represent progress towards gender equality. Additionally, it shall assess the scope and impact through the analysis of changes in law, judicial discretion, non-Muslim parents’ rights and methods of enforcement.

Introduction

The wellbeing of children, the rights of parents, and familial stability are all impacted by guardianship and custody legislation. Sharia-based rules that frequently give precedence to paternal authority have historically impacted these issues in the United Arab Emirates, especially in regard to legal guardianship. However, due to socioeconomic diversity, growing expatriate populations, and international human rights standards, the nation has been pursuing a course of legislative modernisation gradually.

Therefore, Federal Decree-Law No. 41 of 2024 is a significant legal improvement within the UAE concerning custody-related issues. It makes adjustments to empower both parents, irrespective of gender or religion, and to equalise custody duties.

Background

Federal Law No. 28 of 2005 has traditionally governed the personal status laws of the United Arab Emirates. According to this law, the mother was usually given custody until the kid turned eleven for boys and thirteen for girls, at which point the father would normally take possession. Regardless of the child’s age or the mother’s status as custodian, legal guardianship—which is different from physical custody—often stayed with the father throughout. Consequently, parents who were neither UAE nationals nor Muslim mothers frequently encountered challenges. As a result of religious variations, their rights were frequently constrained by reducing their ability to retain custody of their children in early childhood. The call for reform has increased over time due to the need to consider different family dynamics and international standards. This legal and cultural change is reflected in the new decree-law.

Main Body

The repeal of age-based gender discrimination in custody is one of the most significant amendments made by Federal Decree-Law No. 41 of 2024. Both boys and girls are now permitted by law to be in the custody of one parent until they turn eighteen. The former standard, which supported the notion that girls needed maternal care for longer than boys, has been replaced by this one. Furthermore, children who are 15 years of age or older are permitted by law to indicate which parent they would prefer to live with. The progress within family law is clear by the shift of acknowledging a child’s mental and emotional maturity to make autonomous choices.

Additionally, the way non-Muslim mothers are treated is another important reform. The previous stance, which normally required non-Muslim mothers to give up custody of their children when the child turned five, has been lifted. Regardless of the mother’s faith, courts are now able to determine custody based on the child’s best interests following the welfare-based method established by the updated legal framework. The UAE’s significant non-Muslim expatriate population reflects a more open mindset by recognising diverse family structures.

Additionally, the law has altered their conventional guardianship roles. Both parents may share guardianship rights under the new decree, particularly when it comes to healthcare and education. Moreover, fathers no longer have an uncontested monopoly on legal decisions, even though mothers are still preferred for daily custodial care. Significantly, the courts now exercise greater authority in deciding the appropriateness of guardianship and custody, with the ability to modify them as necessary for the child’s welfare. This legal change emphasizes a shift away from rigid gender-based assumptions and prioritizes the child’s best interests in legal decisions.

With regard to enforcement, the statute imposes fines and, in extreme circumstances, jail time on parents who violate custody agreements in order to alleviate enforcement concerns. Certain clauses make it illegal to attempt to take a kid from the country without the consent of the other parent or to withhold necessary documents, including passports. These provisions seek to guard against coercion and guarantee that custody judgements are respected in reality as well as theory. Due to this, parents are safeguarded from the other parent abusing their power of legal guardianship.

Considering these measures in the larger framework of national initiatives to promote gender equality is also crucial. These changes are in accordance with the UAE Gender Balance Council’s declared goals of promoting gender parity in a variety of fields, and the council has actively supported a review of laws that affect family life. In order to create a more gender-equitable legal environment, the UAE has implemented reforms in recent years in areas like job rights, divorce proceedings, and travel freedoms.

Discussion

It is evident that the legislative changes made by Federal Decree-Law No. 41 of 2024 have been successful in modernising the UAE’s family law system by focusing on equality standards. By bringing the ages of custodial for both sexes into line and acknowledging the rights of the child to make decisions, the law has challenged long-standing patriarchal paradigms, typically favouring the father. Moreover, the inclusion and protection of non-Muslim women is seen by the shift towards pluralism and social fairness.

Nevertheless, judicial implementation plays a major role in these changes’ success. Family courts in the United Arab Emirates still have a great deal of discretion, and the results might still differ based on the judge, the emirate, or even social circumstances. Additionally, when judges are determining cases, they are meant to consider the child’s best interests; however, this is subjective and varies between cases and may lead to inconsistent judgements. Moreover, it remains likely that legislation would evolve slower than cultural perceptions of gender roles in parenting. Cultural perceptions of maternal and paternal duties continue to shape public opinion, legal strategies, and the actions of legal professionals.

Additionally, enforcement continues to remain a major obstacle. Although there may be legal repercussions, the parent requesting enforcement may have to endure emotionally and financially exhausting judicial and administrative complaint procedures. Enforcement is significantly more complicated in cases involving foreign relocation or cross-border custody, and it may not even fall within the UAE’s legal jurisdiction.

Notwithstanding these drawbacks, reform is evidently moving in the right direction overall. If correctly applied, the process established by the law may substantially improve gender equality in parental rights and responsibilities. It enables both parents to be assessed equally and centres family law around the child’s welfare.

Conclusion

In conclusion, through the creation of the UAE’s Federal Decree-Law No. 41 of 2024, the law has taken a significant legal shift towards gender equality within family law. This law represents a modern and inclusive perspective of guardianship as it reduces the use of archaic distinctions based on the parent’s religion or the child’s gender. It provides mothers—particularly non-Muslim mothers—better protection under the law, gives children more autonomy, and promotes fair distribution of guardianship and custody responsibilities.

However, the effectiveness of the law must be analysed on how it is applied rather than how it is written. The fulfilment of the promise of gender equality will ultimately rely on judicial consistency, societal shifts, and efficient enforcement. For the time being, the changes offer a positive indication that the UAE is leaving behind conventional limitations and heading towards a fair, adaptable, and child-centred family law system.

Reference(S):

Primary Legislation:

Federal Decree-Law No 41 of 2024 on Civil Personal Status (UAE)

Federal Law No 28 of 2005 on Personal Status (UAE)

Secondary Sources (Reports, News Articles, Online Publications):

The Legal 500, ‘The New UAE Personal Status Law: An Overview’ (The Legal 500, 2025) https://www.legal500.com/news/uae-personal-status-law/ accessed 25 June 2025

UAE Gender Balance Council, Annual Reports 2023–2024 (UAE Gender Balance Council, 2024) https://www.genderbalancecouncil.gov.ae/reports accessed 25 June 2025

Gulf News, ‘UAE Family Law Reforms and Custody Changes’ Gulf News (Dubai, 10 February 2025) https://gulfnews.com/uae/family-law-reforms accessed 25 June 2025

Chambers and Partners, ‘Custody Rights in the UAE: A Changing Landscape’ (Chambers and Partners, 2024) https://chambers.com/legal-guide/uae-custody-law-2024 accessed 25 June 2025

Khaleej Times, ‘Child Custody Reforms Give Parents More Equality in Court’ Khaleej Times (Dubai, 15 January 2025) https://www.khaleejtimes.com/legal-news/uae-child-custody-law accessed 25 June 2025