A practical guide for expat parents on guardianship of children in the UAE: how custody and guardianship differ, which law applies to you after the 2024 reforms, the new custody-age rules, and the single most important step to protect your children if you die.

In the UAE, custody and guardianship are two separate legal roles, not one. Under the Sharia-based framework, the mother is usually the custodian who handles daily care while the father is the guardian who controls major decisions such as schooling, travel, and money. The most important thing for expat parents to know is this: if you die without a registered will, your children and your UAE assets can be frozen and placed under UAE court-supervised guardianship, and a DIFC Guardianship Will that avoids this starts at AED 5,000.

This guide explains the custody-versus-guardianship distinction, which of the three governing frameworks applies to your family after the 2024 Personal Status Law reforms, how the custody-age rules changed, and how to appoint a guardian for your children so that a court is not left to decide. It also covers how a minor’s inherited money is managed and the rules on taking a child abroad.

Custody vs Guardianship: The Distinction That Surprises Expats

Western legal systems usually merge everything about raising a child into one word, custody. UAE law splits it into two roles that can sit with different parents at the same time. Custody (hadana) is the day-to-day physical care of the child: where they live, their meals, their clothing, and their daily supervision. Guardianship (wilaya) is legal authority over the child’s major affairs: education decisions, medical treatment, holding the passport, authorizing travel, and managing the child’s property and money.

Under the Sharia-based rules that apply to Muslim families, the mother is typically the custodian and the father is the guardian, and the father remains financially responsible for the child throughout. The practical consequence is that a mother with custody cannot, by herself, enroll the child in a new school, hold the child’s passport, or take the child abroad, because those are guardianship powers. Non-Muslim families are treated differently, as explained below, with joint custody and guardianship as the starting point.

Which Law Applies to Your Family

Three different legal frameworks govern guardianship in the UAE, and which one applies depends on religion and emirate. The 2024 reforms changed the federal law for Muslims, so any older guidance citing the 2005 law is now out of date.

Who you are Governing law (2026) Default arrangement
Muslims (and UAE citizens generally) Federal Decree-Law No. 41 of 2024 (Personal Status Law), in force 15 April 2025 Separate roles: mother custodian, father guardian
Non-Muslims, UAE-wide Federal Decree-Law No. 41 of 2022 (Civil Personal Status) Joint, equal custody and guardianship
Non-Muslims in Abu Dhabi Abu Dhabi Law No. 14 of 2021, heard at the Civil Family Court Equal joint custody until 16

The Federal Decree-Law No. 41 of 2024 on Personal Status replaced the old Federal Law No. 28 of 2005 and applies to Muslims and, in general, to UAE citizens. Non-Muslim residents are covered by the Federal Decree-Law No. 41 of 2022 on Civil Personal Status, which also lets non-Muslims choose to apply their home-country law to some matters. Take care not to confuse the two: Law 41 of 2022 is the non-Muslim civil law, while Law 41 of 2024 is the general personal status law.

Custody-Age Rules Under the 2024 Personal Status Law

The 2024 law made a significant change for Muslim families: the mother now retains custody until the child reaches 18 for both boys and girls, and a child aged 15 or older may choose which parent to live with, subject to the court’s assessment of the child’s best interest.

This is a large shift from the previous rule, under which maternal custody ended at 11 for boys and 13 for girls. Custody can still transfer to the father or the next eligible custodian if the custodian stops meeting the legal conditions, for example through unsoundness of mind, or a disqualifying situation. Guardianship over the child’s major legal and financial affairs continues to sit with the father under this framework, separate from the question of who has physical custody.

Joint Custody for Non-Muslim Families

For non-Muslims, the civil framework is built on equality rather than the custodian-guardian split. Under Federal Decree-Law No. 41 of 2022, both parents have an equal right to joint custody and joint guardianship of their children, and the standard is that the child remains under joint custody until 18, after which the child may choose. The court either approves the parents’ agreed arrangement or sets a joint-custody schedule, and it will order sole custody only where joint custody would be contrary to the child’s best interest.

In Abu Dhabi, non-Muslims fall under Abu Dhabi Law No. 14 of 2021, which applies equal joint custody until the child turns 16 and is heard at the dedicated Abu Dhabi Civil Family Court. A further practical point for non-Muslim mothers is that remarriage is no longer an automatic reason to lose custody under the civil framework, unlike the traditional position. If you married under the civil regime, see our guide to civil marriage in Abu Dhabi for non-Muslims, which sets the same rules that apply to your children.

The Expat Priority: Who Cares for Your Children If You Die

This is the part every expat parent should act on. If a sole surviving parent or guardian dies without a registered will naming a guardian, the UAE courts decide who cares for the children and who controls the family’s UAE assets, applying the local default rather than your wishes. During that process, bank accounts can be frozen and the children’s arrangements left uncertain. A registered will that names guardians is the only reliable way to control the outcome in advance.

The most common route for non-Muslim expats in Dubai is a DIFC Courts Guardianship Will, which lets you name two kinds of guardian. An interim guardian is someone local, usually a family member or close friend, who takes care of your children immediately and temporarily until your permanent guardians can come forward, often from overseas. A permanent guardian is the long-term carer who makes the major decisions about where the children live and go to school. On your death, the DIFC Courts can issue both Interim Guardianship Orders and Permanent Guardianship Orders in line with your will.

The DIFC fees are a single Guardianship Will at AED 5,000 or mirror Guardianship Wills for both parents at AED 7,500. You can also fold guardianship into a full will that also directs your assets, which is usually the better choice because it handles the children and the estate together. Our guides to registering a will through the DIFC, Dubai Courts, or ADJD and estate planning for UAE residents explain how the guardianship clause and the asset distribution fit together.

How to Appoint a Guardian for Your Children

Appointing a guardian is a planning exercise you complete while you are alive, not something your family can arrange after the event. The steps below set out the practical sequence.

Step 1: Confirm which framework and venue applies

Decide whether you fall under the non-Muslim civil framework or the Sharia-based law, and whether Dubai or Abu Dhabi is your base. Non-Muslims in Dubai commonly use the DIFC Courts Wills service; Abu Dhabi has its own non-Muslim will registry through the ADJD.

Step 2: Choose interim and permanent guardians

Name a locally resident interim guardian who can step in immediately, and a permanent guardian for the long term. Confirm that the people you name are willing and able to act, because a guardian who declines complicates the plan.

Step 3: Register the will

Register a Guardianship Will or a full will with the DIFC Courts, the Dubai Courts notary, or the ADJD, depending on your framework and emirate. Registration is what makes the appointment enforceable, so an unregistered letter of wishes is not enough.

Step 4: Keep it current

Review the will after a birth, a move, a divorce, or the death of a named guardian. An outdated guardian nomination can be as much of a problem as having none.

Managing a Minor’s Inherited Money and Property

Guardianship also covers a child’s finances. When a minor inherits money or property in the UAE, those assets are managed under court supervision, and a guardian generally cannot sell or dispose of a minor’s assets without court approval. This protects the child but can slow down dealing with inherited property.

In Dubai, this is administered under Law No. 17 of 2022 concerning the Endowment and Minors’ Trust Foundation (Awqaf Dubai), which supervises and audits how guardians manage a minor’s property and must inventory that property within 30 days of being notified of a death affecting a minor. A dedicated Family Court judge hears applications on guardianship of a minor’s funds and approves dispositions. The interaction between a minor’s inheritance and these controls is another reason to have a will, which our guide to non-Muslim inheritance law in the UAE covers in detail.

Traveling Abroad With a Child

Because travel authorization is a guardianship power, a custodial parent generally cannot take a child abroad or relocate without the guardian’s written consent or a court order. Under the 2024 law, where the other parent will not consent, the court can grant travel permission for a limited period, and it decides based on the child’s best interest. Taking a child out of the country without the required consent, or misusing the child’s identity documents, can carry criminal penalties, so a parent in a custody dispute should get written consent or a court order before booking travel.

Which Court Handles Guardianship

The forum depends on your framework. Muslim families use the Personal Status Court within the relevant emirate’s courts. Non-Muslims in Dubai and most emirates file under the civil personal status law at the family court, and use the DIFC Courts for guardianship orders based on a registered DIFC will. Non-Muslims in Abu Dhabi use the Abu Dhabi Civil Family Court, which conducts proceedings in Arabic and English. If a sponsor has died and you are dealing with dependents’ visas at the same time, see our guide to what happens to a dependent visa when the sponsor dies.

FAQ

What is the difference between custody and guardianship in the UAE?

Custody (hadana) is the day-to-day physical care of the child, while guardianship (wilaya) is legal authority over major decisions such as schooling, medical care, the passport, travel, and money. Under the Sharia-based framework the mother is usually the custodian and the father the guardian, so the two roles can sit with different parents at once. Non-Muslim families start from joint custody and joint guardianship.

Until what age does the mother keep custody under the new UAE law?

Under Federal Decree-Law No. 41 of 2024, in force since 15 April 2025, the mother retains custody until the child turns 18 for both boys and girls, and a child aged 15 or older may choose which parent to live with. This replaced the previous rule that ended maternal custody at 11 for boys and 13 for girls.

Do non-Muslim expats get joint custody in the UAE?

Yes. Under the Civil Personal Status Law (Federal Decree-Law No. 41 of 2022), non-Muslim parents have an equal right to joint custody and joint guardianship, with the child under joint custody until 18. In Abu Dhabi, non-Muslims fall under Law No. 14 of 2021, which applies equal joint custody until the child turns 16.

What happens to my children if both parents die without a will?

If there is no registered will naming a guardian, the UAE courts decide who cares for the children and who controls the family’s UAE assets, applying the local default rather than your wishes, and the family’s bank accounts can be frozen during the process. Registering a will that names interim and permanent guardians is the only reliable way to control the outcome.

How do I appoint a guardian for my children as an expat?

Register a Guardianship Will or a full will that names your chosen guardians, using the DIFC Courts Wills service in Dubai, the ADJD in Abu Dhabi, or the Dubai Courts notary, depending on your framework. Name a locally resident interim guardian to step in immediately and a permanent guardian for the long term, and keep the will updated.

How much does a DIFC Guardianship Will cost?

A single Guardianship Will costs AED 5,000, and mirror Guardianship Wills for both parents cost AED 7,500. You can also include guardianship within a full will that directs your assets, which handles the children and the estate together.

Can my ex-partner take our child out of the UAE without my permission?

Generally no. Travel authorization is a guardianship power, so a custodial parent needs the guardian’s written consent or a court order to take a child abroad. Where consent is refused, a court can grant time-limited travel permission based on the child’s best interest, and unauthorized travel can carry criminal penalties.

Who manages a minor’s inherited money and property in Dubai?

A minor’s inherited assets are managed under court supervision, and a guardian usually cannot sell or dispose of them without court approval. In Dubai this is overseen under Law No. 17 of 2022 through the Minors’ Trust Foundation, which audits how guardians handle a minor’s property and inventories it within 30 days of a relevant death.

Which court handles guardianship for non-Muslims in Abu Dhabi?

The Abu Dhabi Civil Family Court, established under Abu Dhabi Law No. 14 of 2021, handles custody and guardianship for non-Muslims in the emirate and conducts its proceedings in Arabic and English. Non-Muslims in Dubai use the family court under the federal civil law and the DIFC Courts for will-based guardianship orders.

Official Sources

This article references information from the following authorities:

Information is current as of July 2026. Personal status law is complex and outcomes depend on your religion, nationality, and specific circumstances. This guide is general information, not legal advice. Verify the current rules with the relevant court or a licensed UAE lawyer before acting.