Child Custody

About Ajman

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Emirate of Ajman

The Emirate of Ajman is a major hub in the UAE's entity, through its role in the initiative of the Union and its geographical location. It is located within the Northern Emirates overlooking the Arabian Gulf and the middle of the Emirate of Sharjah and Umm Al Quwain. It covers an area of 260 square kilometers. To 600 km. The emirate includes the cities of Musfout and Manama, as well as the city of Ajman, which is the capital of the headquarters of the Governor's Office and the headquarters of the departments and government institutions. Within three decades, Ajman has been able to be the investment front in the region, opening a window to the world through trade and industry and supporting investors with a set of laws and regulations to achieve the vision of wise leadership.

People of ِAjman Emirate

Ajman’s culture is steeped in exceptional hospitality. It is an inherited tradition borne out of the austere natural environment and the resulting emphasis on receiving and providing for guests. While times may have changed and the complex codes of hospitality of the forefathers may no longer be practised, sincere generosity is still shown throughout everyday life in Ajman today.

Manama area

Located in the plains at the foothills of the Hajar Mountains to the east of Ajman, Manama is about an hour's drive from city centre. It has a quiet, residential feel, making it a popular getaway for city dwellers. 

Masfout area

Known for its fertile agricultural land and high-quality marble, Masfout is in the south of the UAE near Hatta, a 90-minute drive from Ajman city. Its elevated altitude brings cooler temperatures and the rugged backdrop attracts outdoor enthusiasts and nature lovers

According to Federal Law No. 28 of 2005 for Personal Affairs, the biological mother of the child is the custodian, and the father is the guardian. Custody involves the day-to-day care of the child, which is usually granted to the mother without interfering with the right of guardianship awarded to the father.
At all times, the father is responsible for providing for the child financially. He is responsible for providing shelter, expenses for food, medical care, education and other necessities.
Custody and guardianship are two separate issues that must be addressed individually, as parents do not share equal responsibilities for a child in the UAE.
The courts always act in the best interests of the child, and therefore, unless given reason to believe otherwise, they keep him/her in the physical custody of the mother while being under the guardian's (father's) supervision.
According to Article 156 of Federal Law No. 28 of 2005 for Personal Affairs, a mother's custody of her son concludes when he reaches the age of 11, and for her daughter, it concludes when she reaches the age of 13. The father, being the guardian, can claim custody thereafter.

As set out in Article 143 and 144 of the law, a custodian must be:

•   Rational
•   Mature enough and have attained the age of puberty
•   Honest
•   Able to bring up and take care of a child
•   Free from infectious diseases
•   Not have been sentenced for a crime of 'honor'

In addition to the previous conditions:

If the custodian is the mother, she must:

• Not remarry unless the court decides it's in the best interest of the child
• Share the same religion as the child

If the custodian is the father, he must:

• Have a suitable woman living in his home to care for the child (such as a female relative)
• Share the same religion as the child

Father's Custody and Extension of Custody

The mother also has the right to claim the extension of the custody period until their son finishes his education and their daughter gets married. In this case, the mother has to prove that she has been good with the children, i.e. through their school performance reports, good medical health history, etc.
The father can claim custody of their son if he feels that their son is becoming too soft in nature by staying with the mother and that he would want him to grow up to be more responsible. In both circumstances, the judge will decide the case.