Raising children is a challenging task altogether. Normally, the divorce makes upbringing of children even more financially, mentally, and emotionally difficult. Both parents have a legal responsibility towards their children, which they have to fulfill.
UAE has a strong legal framework to govern children-related matters. The foremost priority is given to the welfare of the children. The parents are held accountable for their respective roles and responsibilities.
The most common issue in a divorce case is the refusal to pay child custody obligations. The father of the child may refuse or be reluctant to pay their obligations. This is often referred to as child maintenance or financial support.
The non-compliance impacts the well-being of the child. It places a heavy burden on the custodial parent. Usually, they get overburdened with responsibilities if the father refuses to pay the child’s maintenance.
The concept of child custody refers to HADANA in the UAE. It means the right to physical care and raising a child. It refers to meeting the child’s daily needs including housing, clothing shelter, food, healthcare, education, and general wellness. Learn more about HADANA by our Emirati lawyers.
On the other hand, Guardianship refers to Wilayah. Waliyah is the one who has the legal and financial authority. According to UAE law, the father is Waliyah and the mother is Hadana. Learn more about WILAYA from our attorneys in Dubai, who are among top attorneys in Dubai, serving all over the UAE. HADANA and WILAYAH concepts can be better understood through our lawyers and legal consultants. Let’s get back to topic and discuss about legal custody structure in UAE.
Legal Custody Structure in UAE
Mother is usually granted custody of her children. Post-divorce the mother is given custody of the boy until the age of 11 and of the girl until the age of 13. The law revised and implemented from April 15th 2025, is allowing the custody up to 18 years. 15 years is set as the age when kids can be asked to choose either father or mother post custody period, which is 18 years now, as per new law.
On the other side, the Father remains the legal guardian of the child. The father is obligated as per the UAE law to provide financial support to the child. Even if he is not a custodial parent, it is mandatory to provide him with the necessities of life.
In case a father fails to pay child maintenance, it is a serious legal violation. Besides, it is a moral failure as well. According to federal law no 28 of 2005 Personal status law, the father is legally bound to provide the basic needs.
Personal status law aligns with the Islamic principles that create the father guardian of the child. The father is responsible for providing food, shelter, clothing, education, and healthcare facilities to the child.
Furthermore, it also supports the child regardless of the marital status or the child custody arrangement agreed upon. The father is obligated to pay until the son is financially independent. For the girl, the payment is made until she gets married.
Any failure to meet the obligations will give the right to the mother to file a legal claim for child maintenance in the UAE. The legal claim is filed through the Personal Status Court.
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Common Reasons
- Some of the common reasons are the following. The father may claim the loss of job, employment, or hardship in meeting the financial obligations.
- The father may refuse to accept the court rulings and he disagrees with the court verdict. Besides, he may not make timely payments because he is avoiding any direct communication with the mother.
- Sometimes, the father withholds the support as a way to control the situation. Besides, the father may have disputes over the custody arrangement and thus, as a result, he refuses to pay dues.
Legal Consequences
The refusal or failure to pay the custody arrangements is a serious crime. This could result in serious legal repercussions. The UAE has taken up the policy of child protection more rigorously. In case a father fails to meet the financial duties, the mother can initiate legal recourse.
The mother is the legal custodian and has different options available. The possible outcomes may be a court-ordered enforcement, assets seizure, salary garnishment, travel ban, or a hefty legal penalty.
The mother of the child can file a claim with UAE personal status courts. They can claim for overdue child support. The UAE courts may order immediate payment or can offer a setup for a monthly payment.
The Court-Ordered Enforcement may include verdicts for fines along with payment of overdue child support. Interest charges may be attached to delayed payments.
If a father is employed and the court decides about salary garnishment. Moreover, it can also lead to asset seizure, which refers to frozen bank accounts or property to cover unpaid dues.
Travel Bans and Legal Penalties may be imposed on the father. The UAE courts may impose a travel ban until the father pays the child’s maintenance. Besides, in serious cases, the father may face hefty fines and for repeated offenses, there may be a jail sentence.
UAE has a very strict legal procedure to deal with child maintenance. Therefore, the role of a family lawyer is instrumental.
He can provide legal guidance to mothers navigating through tough situations. This will help them to protect the legal rights and interests of their child. It also provides a stable financial future.
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