The United Arab Emirates (UAE) focuses on family life. Therefore, it makes changes to the Personal Status Law to promote a healthy family life in the country. Understanding the Personal Status Law is crucial for every individual living in the UAE. Not only does the law address marriage and divorce, but it also addresses the rights of the child in the UAE.
What is Guardianship in the UAE?
Many people confuse guardianship with custody. However, the main difference between the two concerns the child’s financial and living arrangements. When a child is living away from their parent for any reason, a guardian is appointed. Learn guardianship with custody with Emirati lawyers.
Difference Between a Guardian and a Custodian
Under the WADEEMA LAW that states child rights, a guardian has more responsibility than the custodian. They are both appointed in the best interests of the child. A guardian has to look after the childcare in terms of education, healthcare, and financial management. The custodian has to provide safe living conditions to the child to ensure their best upbringing.
Court’s Decision for Child Custody and Guardianship
Usually, the guardian is a father, as they are responsible for providing finances, whereas the mother has to ensure the good health and well-being of the child at home. However, the new Personal Status Law of the UAE has removed the conventional obligations.
The guardianship and custody of the child is now decided by the income and living standards of spouses and how they are both doing the best for their child. The new law for custody also reflects the importance of shared responsibilities and the child’s best interests, including their emotional needs and physical age.
Responsibilities of Muslims and Non-Muslims Over Guardianship in the UAE
The UAE has a diverse population. It is a multi-fabricated country where Muslims and non-Muslims feel safe to practice their religion. However, when it comes to civil matters, they both have the flexibility to choose in some cases. There are some laws that Muslims have to follow Islamic laws in the UAE. The non-Muslims will follow the civil laws of the emirates where they are residing.
Make a Guardianship Will
The expatriates in the UAE must have a plan ahead for the custody of their child. Many international students come to the UAE for studies, or some also come for jobs, but they do not have close relatives living in the country. Therefore, a guardian shall be appointed for them in the UAE. It could be decided between the child and the parent that who the child would go if they come across any problem in the UAE.
Choose the Best Guardian
A distant family member can be the guardian of the child, but only if the family trusts the guardian. Everything shall be documented to ensure that the guardian has been appointed according to the guardianship will drafted by the parents.
Difference Between Temporary and Permanent Guardianship Nominations
The guardianship of a child is decided by their parents in their best interests.
Temporary Guardianship
A temporary guardianship is where arrangements are made on a need-based basis only. This means whenever the child is traveling from the UAE to their home country or the other way round, the arrangements will be handled by the temporary guardians.
Permanent Guardianship
The permanent guardianship is a long-term arrangement. It is given to the person whom the parents can trust more than anyone else. Usually, the child is close to their immediate maternal and paternal family members. Therefore, a permanent guardian could be a relative or even a close family friend, depending on the family dynamics of the child.
A Valid Guardianship Will and Nominations
A guardian plays a vital role in the UAE’s family life. They are the ones who are trusted the most when it comes to taking care of the child.
Guardianship Will in the UAE
In the UAE, the will of guardianship is drafted by a legal professional. It is then submitted to the Dubai Courts Notary Public, and the Abu Dhabi Judicial Department (ADJD), or the non-Muslim foreigners can also register the will in the DIFC (Dubai International Finance Centre). The registration of the guardianship will ensure the authenticity of the civil matter and accessibility of the will whenever required for child custody. The registered document also prevents disputes from family members.
Nominations of Guardianship by the UAE Courts
The guardianship is not validated even after its submission to the court. In fact, the court will review the nominations for guardianship. Based on the character, financial situation, and living conditions of the guardian, the court will decide about the guardianship. If the judge finds anything that is not in the best interests of the child, the individual may not get the guardianship in this case.
Legal Support for Families in the UAE
While choosing the guardian for your child, there are lawyers in Dubai who can assist you with the guardianship will. They will draft a thoughtful guardianship will that will keep your child safe from any kind of harm.
Conditions to Have a Guardian for Your Child
The guardian is a responsible person who will take care of the child when the parents are not around. In case of the deceased parents or when a child comes to the UAE for studies, they may need help with a lot of things. Not only within the UAE, but the guardian will also assist the child while moving anywhere out of the UAE.
Lawyers in the UAE for Guardianship
A family lawyer could be resourceful with these wills and documents. They understand your personal and family dynamics to ensure that whatever you decide, the child should be catered to in the best way. Their emotional and mental needs are met through the guardian they have appointed.
A professional lawyer will make you understand the importance of making a guardianship will for your child, especially if the child is living faraway. There are factors that can affect the nominations for temporary guardianship.
Summary
Planning a guardianship will is crucial for parents. The nominations are based on temporary and permanent terms. However, the parents must seek legal support to make a good will for guardianship that keeps the child protected at all times.