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Role of Guardianship Rights in the UAE Society

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What are Guardianship Rights in the UAE?

In the culturally diverse landscape of the United Arab Emirates (UAE), the concept of family holds immense significance. Central to the familial structure are the Guardianship Rights, a set of legal provisions designed to safeguard the welfare and interests of family members, particularly in matters concerning minors and dependents. Understanding these rights is crucial for residents and expatriates alike, as they form the cornerstone of family law in the UAE.

Definition and Scope

Guardianship rights encompass a range of legal responsibilities granted to an individual, known as the guardian, to make decisions on behalf of another person, typically a minor or someone unable to manage their affairs.

The scope of guardianship rights extends to matters such as education, healthcare, and the overall well-being of the dependent.

Key Principles Underpinning Guardianship

Best Interests of the Ward: The primary consideration in any guardianship decision is the best interests of the individual under the guardian’s care.

Legal Age and Competency: Understanding the legal age for guardianship transitions and the competency of the ward is vital in navigating these rights.

Types of Guardianship

Guardianship of Minors: In cases involving children, guardianship rights are often granted to parents, prioritizing the natural bond between parent and child.

Guardianship of Property: In some instances, a separate guardian may be appointed to manage the financial affairs and assets of the ward.

Legal Framework in the UAE

UAE Family Law: Guardianship rights are primarily governed by the UAE Family Law, emphasizing the importance of preserving familial harmony and ensuring the well-being of all family members.

Courts and Legal Proceedings: Disputes or issues related to guardianship are typically addressed through legal proceedings, with courts playing a pivotal role in resolving conflicts.

Guardianship in the UAE: Understanding Custodianship and Guardianship

In the UAE, personal status matters are governed by Federal Law No. 28 of 2005 (UAE Personal Status Law) and Federal Law No. 5 of 1985 on Civil Transactions Law. Additionally, Abu Dhabi has introduced Law No. 14 of 2021, applicable to non-Muslims. The UAE Personal Status Law prevails for Muslims in Abu Dhabi.

Custodian vs. Guardian: Clarifying Roles

Under UAE Personal Status Law, a custodian cares for the child daily, possessing physical custody. Criteria include maturity, fidelity, and the ability to provide for the child. The mother holds priority, ending when the child reaches a specific age. The father gains custodial rights thereafter.

A guardian focuses on financial support, education, and upbringing. The father and then the grandfather, according to Article 181, hold the right to guardianship.

Rights and Obligations of Guardians: A Snapshot

Passport Custody: The guardian retains the child’s passport, surrendering it to the mother during travel (Article 157).

Travel Restrictions: The custodian needs the guardian’s written consent for international travel, and disputes can be brought to court (Article 149).

Educational and Financial Responsibilities: Guardians oversee education, upbringing, and financial support.

Visitation Rights: Article 107 empowers judges to determine visitation rights, specifying days, times, and locations. Dubai’s Decision No. 3 of 2021 further details visitation procedures, including overnight stays unless contrary to the child’s interest.

FAQs regarding Guardianship Rights in the UAE

Who is the guardian of the child in UAE?

A guardian, on the other hand, is a person who is in charge of the children’s general upbringing, schooling, and travel arrangements in addition to providing financial support. The father has the right of guardianship first, followed by the grandpa, as stated in Article 181 of the UAE Personal Status Law.

What are the custody laws in the UAE?

According to the UAE Personal Status Law, a mother is a child’s natural guardian. The father will only be able to get custody of his son once he turns 11 and the girl after she turns 13, provided that there are no other factors that might jeopardize the child’s best interests.

What is the personal status law in the UAE?

Non-Muslim inhabitants of the UAE have the choice to abide by the laws of their home nation or by alternative personal status laws as stipulated by Federal Decree Law No. 41 of 2022. Child custody, inheritance, divorce, and marriage are all covered by the Federal Decree Law.

What is the new law in UAE about marriage?

The UAE Personal Status Law, Federal Law No. 41 of 2022, went into force on February 1, 2023. In the UAE, civil marriage is now recognized for the first time.


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Empower Your Understanding of Guardianship Rights in the UAE with an Attorney for Legal Guardianship

Explore the comprehensive guide on Guardianship Rights in the UAE, unraveling the intricate legal principles that form the cornerstone of family law. From defining guardianship to clarifying roles and obligations, equip yourself with the knowledge necessary for navigating family matters in this diverse cultural landscape.

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Securing Your Family’s Future: Consult an Attorney for Legal Guardianship

In matters as crucial as legal guardianship, seeking professional advice is paramount. Our platform connects you with experienced family lawyers in Dubai, offering personalized guidance tailored to your unique circumstances. Don’t leave the well-being of your loved ones to chance—consult an Attorney for Legal Guardianship today.

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