Parents who are residing in the UAE are expected to ensure the future welfare of their children by all means necessary. However, despite the importance of education, healthcare, and financial security, many parents do not think about child custody until a legal necessity arises.
As a result of the dualistic nature of the guardianship law in the UAE, where legislation is based on federal rules and the principles of Sharia, everyone must understand their rights and obligations in this matter. This is precisely what our lawyers at Charter Legal are here to assist you with.
What is Guardianship in the UAE?
Guardianship involves the legal rights to make decisions about a child in relation to issues such as:
- Education
- Medical treatment
- Finance
- Travel
- Welfare in general
As per UAE law, guardianship is separate from custody. While custody concerns the physical care of a child, guardianship is more concerned with legal and financial decision-making regarding a child.
It is therefore very important to understand the difference when preparing for your child’s future.
Legislative Framework on Guardianship
In the UAE, the legislative framework surrounding guardianship includes:
- UAE Personal Status Laws
- Sharia laws (if you are a Muslim)
Civil laws of personal status for non-Muslims
Generally, within the UAE context, the following applies:
- The father serves as the legal guardian
- The mother holds the right of custody, especially where the child is small
- These have, however, changed to accommodate foreigners in recent years.
Charter Legal will be able to assist in these laws, depending on individual cases.
Why Guardianship Planning is Essential
Many parents believe that custody will simply default to the surviving parent or close relative. This, however, may not be true if there are no legal documents.
Main Reasons Why You Should Consider Guardianship Planning:
- To safeguard the future of your child in the event of an emergency
- To avoid legal complications or delays
- To validate your choice of guardian legally
- To create clear guidance for your loved ones
- To secure the financial and legal welfare of your child
We at Charter Legal advise all families in the UAE to plan their guardianship proactively.
Guardianship for Expat Parents
For expat parents, the issue of guardianship becomes extremely important.
In the case where both parents have died or are unable to look after their children, the UAE courts will have to assign a guardian for the children. The absence of a legally filed will or guardianship document:
- May lead to the temporary custody of the child by the government
- Will complicate matters for other family members
- May lead to cross-country custody battles
Role of Wills in Guardianship
The best way to ensure guardianship is by creating a legally binding will.
Through the use of a will, parents can:
- Designate a legal guardian for their children
- Establish their rights and duties
- Give guidance regarding finances for childcare
- Eliminate any doubts in emergency situations
In the absence of a will, the judge will make an appropriate ruling under the law, and it might not be according to the parents’ preference.
Here at Charter Legal, we guide our clients in drafting wills that contain provisions for legal guardianship.
Key Considerations When Choosing a Guardian
Choosing the right guardian can be very important.
Parents should think about:
1. Trust and Relationship
Pick someone who is close to you and your child as well as having the same values as you have.
2. Financial Responsibility
They should also be able to provide for their financial responsibilities towards your child.
3. Location
It might matter if they live in the UAE or another country.
4. Willingness and Availability
Make sure they are willing to be a guardian.
5. Compatibility of Values
This is often something that matters to many parents.
Here at Charter Legal, we help our clients do this.
Legal Process for Guardianship in the UAE
Where guardianship is necessary because of unexpected situations, this process may include:
- Application to the court for guardianship
- Presenting legal papers
- Consideration of what’s best for the child
- Appointing a guardian through the court
If you have a will registered ahead of time, or your guardianship papers are pre-registered, this entire process becomes easier.
Mistakes to be Aware of
There are many mistakes parents may be making in terms of guardianship planning, often without realizing it:
- Lack of will
- Thinking that guardianship automatically transfers
- Picking a guardian without the legal papers
- Failure to consider jurisdiction issues
- Failing to renew papers if needed
Why Choose Charter Legal?
Charter Legal is an effective legal ally in matters of families living in the UAE, providing expert advice on family laws and estate planning.
Some of our services are:
- Guardianship planning and legal advice
- Drawing and registration of Wills
- Family law consultation
- Legal assistance on international matters
- Legal strategies to protect child welfare
Your children will be legally secured for the future ahead with our help.
Conclusion
Legal guardianship of your children is one of the most essential legal requirements of parents living in the UAE. Without prior arrangements, your family can be faced with uncertainty and problems when the time comes.
You can rest assured that all your concerns have been solved with a little bit of planning, including drawing up a Will and naming the guardian of your choice.
You can easily arrange everything with the help of Charter Legal.