For most couples, the wellbeing of their children comes first when they decide to split and get a divorce. Where are the kids going to live? Will I be able to hang out with them? Is it possible for me to accompany them on their trip? When determining whether to move forward with a separation, these are just a few of the questions that cross one’s mind regarding children.

Another thing to think about for British expats residing in the UAE is which jurisdiction to apply in. Due to the fact that any children living in Dubai are subject to local laws, with the exception of specific situations when jurisdiction can be established in English courts related to divorce. Below, we discuss issues pertaining to minors in both the English and UAE courts.

The Personal Status Law, which lays out the values and criteria that must be taken into account when making any decisions pertaining to children in the UAE, governs UAE law in this area. The UAE courts follow the English courts in that they base their rulings on what they believe to be in the best interests of the children. With that said, the rules pertaining to child matters in the United Arab Emirates differ from those in English courts.

It’s important to remember that if parties choose to file for divorce through the UAE courts and their divorce is amicable, they can agree on the terms of custody, guardianship, and visitation and submit a settlement agreement outlining those terms. Under such situations, the parties can come to an arrangement that best suits their family, such as sharing holidays, birthdays, and equal parenting responsibilities, with each parent receiving equal time. For foreigners who wish to avoid having UAE law apply to their child arrangements, this could be a good choice.

In the UK, Children Matters
Courts in the nation where the children reside typically have jurisdiction over matters involving children. However, in certain situations, the English court may have authority to decide child-related issues provided the parties establish jurisdiction to divorce in the UK.

The Children Act, which establishes a framework for adjudicating child-related disputes in English courts, governs UK legislation pertaining to minors.

The general starting point is that parental responsibility for the children belongs equally to both the mother and the father. In contrast to the United Arab Emirates, applications are filed for a child arrangements order, which establishes the children’s living arrangements and the percentage of time they spend with each parent. The courts will decide what they believe to be in the best interests of the children after taking into account a number of considerations, including the children’s desires and feelings, any physical or emotional needs, any injury, etc.

In addition, the court has the authority to make particular decisions about the children’s education and to impose prohibitions on certain actions, such as preventing the children from being deported.

In terms of child arrangement, the parties may also choose to reach a mutually agreeable resolution and select for themselves where the children will reside, how much time they will spend with each parent, how the school holidays will be divided, and other details. These agreements can be made directly between the parties, with the assistance of attorneys or mediators, and can then, if needed, be transformed into parenting plans.

Please contact our Family Lawyers, who can provide you with detailed advice regarding your particular circumstances, if you and your spouse are at odds over child arrangements or if you are unsure of which jurisdiction will apply to your children.

How can MSH Legal Services help?
Our family lawyers have extensive knowledge in divorce and child-related issues from both the UK and Dubai. Contact us right now to schedule a meeting with a family lawyer.