Custodian vs. Guardian for a Child in the UAE
In the UAE, family law differentiates between custodianship and guardianship when it comes to the care and upbringing of a child.
1. Definition and Key Responsibilities
Custodian (Al Hadhana)
The custodian is responsible for the day-to-day care and upbringing of the child. This includes providing daily care, education, and medical support. The custodian is usually the mother unless otherwise decided by the court.
Guardian (Al Wilayah)
The guardian is responsible for the legal, financial, and decision-making aspects of the child's life. This includes managing the child's education, financial matters, and granting travel permissions. The guardian is typically the father unless otherwise decided by the court.
2. Legal Position in the UAE
Custody Rights and Obligations
Custody is generally awarded to the mother for children, with specific age limits up to 18 years.
In the event of a custody dispute, a minor aged 15 will be asked whether they wish to remain with the current custodian or move to the other parent, subject to court approval based on their best interests.
Guardianship Rights and Obligations
The father is usually the guardian unless proven unfit.
Even if the mother has custody, the father retains legal guardianship unless ruled otherwise.
If the father is absent or deceased, the court may assign another suitable guardian, such as a grandfather.
The guardian has the right to keep the children's passports and must return them to the custodian if the children need to travel.
3. Financial Responsibilities
The guardian is financially responsible for the child's expenses, including education, healthcare, housing, and daily living costs.
The custodian is responsible for the child's day-to-day welfare.
4. Decision-Making Authority
The guardian has the right to make major legal, financial, and travel-related decisions for the child.
The custodian makes daily routine decisions related to the child's well-being.
5. Travel and Relocation
The consent of both the guardian and the custodian is typically required for international travel with the child.
If the custodian wishes to relocate the child abroad, the guardian must approve, or the matter must be settled in court.
6. Changes and Termination of Custody/Guardianship
Custody may be revoked if the custodian is found unfit due to neglect, remarriage (in some cases), or other circumstances.
Guardianship remains with the father unless the court deems him unfit due to serious issues such as abuse or neglect.
In the case of divorce, the court prioritizes the best interest of the child when assigning or modifying custody and guardianship.
Conclusion
Understanding the distinction between custody and guardianship is essential for parents navigating family law in the UAE. While custodianship focuses on daily care and upbringing, guardianship ensures financial support and major decision-making authority. Courts in the UAE prioritize the child's best interest, and legal reforms continue to shape how these roles are assigned and maintained.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
