Join now

Guardianship (Dubai)

Views
74

UAE Guardianship of Children / Wills in DIFC WPR
What Every Expat Should Know About Guardianship in the UAE
If you currently reside in the UAE as an expat, and your children is also in the country with you, then it’s absolutely necessary that you understand the countries guardianship laws.Should you pass away, the DIFC Courts can issue both ‘Interim Guardianship Orders’ and ‘Permanent Guardianship Orders’, in accordance with the directions in your DIFC Will, provided that the nominated guardians meet the eligibility requirements of the Registry Rules and their appointment does not contravene UAE public policy. You have the power to appoint guardians, both Interim and Permanent in your will , giving you the reassurance and peace of mind that you need.
In the event of your death ( or your husband) should pass away in the UAE without a last will who will take guardianship over your children in the event of your death. In a case like this, Sharia Law will pass judgment over who receives the children. And contrary to what you might think , this is not always the mother of the children.
The death of a father OR mother could have dramatic implications for your children
UAE law does not distinguish between Muslim or non-Muslim families. An expat has the right in this regard to have a last will which will negate the state’s power to decide on the fate of the children involved .
In UAE courts cases are decided by Sharia Law if a will is not in place in DIFC WPR In the event that a case is decided by Sharia Law, guardianship of the children will either be given to the father’s side of the family, or to the mother if the mother chooses to never marry again.
It’s not just the loss of the father that can cause problems. Should the mother pass away, the father is not necessarily guaranteed custody. According to Sharia Law a father’s children could be sent to a female figure on either side of the family, whether it’s the mother’s mother, the father’s mother, or a sister on either side of the family.
If both the mother and father should pass away?
It’s important to know that if both parents should pass away, the children of those parents will not by default be awarded to their family or relations. Without a specified guardian a child of a certain age could very well become a ward of the state. Children could become separated and sent to live with families native to the UAE . Their own family can attempt to have these children returned only after they will debate the estate of the testator in their home country the legal proceedings will take months and lots of struggle
What expats have to do to avoid this scenario.
A UAE court will only step in if no will is available that appoint a guardian for your children. For this reason it is highly recommend drafting a will as soon as possible. The will can name more than one guardian interim ( a close friend of the family who reside in UAE most of the times ) in the even that both the mother and father pass away. During this time your children will not have a guardian present, which could be difficult on them.
The law recommend appointing an interim guardian within the UAE, which will give him the time to acquire the necessary documentation (and ensure that your children aren’t placed in government custody in the meantime). The Guardianship Will which costs roughly Dh 2,000, ( registration in DIFC is 5,000 aed and 7,500 aed for mirror will ) let you name someone in-country to take custody of your children in the event of both parent’s deaths.
Speak with a legal expert that understands the will drafting process.
Protected content

Dubai Forum

Our Global Partners