Exceptional Custody Ruling by Abu Dhabi Court Grants Aunt Full Guardianship
In the UAE, the. Law regarding the child custody is primarily defined in Federal Decree Law No.41 of 2024 on the Issuance of the Personal Status Law. Under this Law, Custody is considered the right of the child, and both parents remain subject to legal responsibilities. When parents are separated, the Court may apply the custody provisions -including Article 114- and may depart from statutory order only in exceptional circumstance, always prioritising the best interest of the child.[1]
Custody granted to a non-parent is rare in the UAE legal system. However, when the court is satisfied that no parental alternative exists and the child is in a vulnerable situation, and when the principles of fairness and justice require intervention, such exceptional judgements may be issued.
On 23 July, the Abu Dhabi Civil Family Court granted an expatriate child’s maternal aunt full legal and physical guardianship, after determining that the father was unfit to care for him. The ruling authorises the aunt to make all major decisions regarding the child’s upbringing without requiring the father’s approval. The Court also permitted her to apply for and renew the child’s identity documents without the father’s signature.
In its reasoning, the court stated that the child’s best interests would be served by remaining in the UAE with his aunt and her husband, “away from the environment that caused him difficulties and unpleasant experiences”[2]
This is the first known judgement in which the Abu Dhabi Civil Family Court vested full physical and legal custody in an aunt while also granting her independent authority to renew the child’s identity documents.
Family circumstances of the Child
The case centred on a young child who had already been living with his maternal aunt and her husband in the UAE, while his father resided abroad. Court documents show that the child’s mother died in 2021 from liver failure resulting from alcohol abuse. A certified medical report submitted to the court also stated that the father had previously served a custodial sentence and had been accused in several matters involving risks to others, physical and sexual harm, and even sexual exploitation of children.
The aunt and her husband approached the court seeking appointment as the child’s legal guardians and actual custodians, noting that they had been providing him with a stable home, education, emotional support and day-to-day care in Abu Dhabi. They submitted evidence including a valid tenancy contract and professional assessments indicating that the child required active risk management, residential stability and informed educational planning.
The father was formally notified of the proceedings but did not attend any hearings or contest the application. The court also considered a written statement attributed to him in which he agreed that the aunt and her husband were the most suitable caregivers, as they could provide a stable family environment.
Legal Basis: Article 43 of Abu Dhabi Law No. 14/2021 On Civil Marriage and Divorce Regulations in the Emirate of Abu Dhabi[3]
Article (43)
Application of the Rules of Fairness and Justice
1. The court shall apply the principles of justice and fairness to decide on any issue presented to it during the consideration of the case in the event of disagreement between the two parties about the post-divorce financial rights, and on any disputes arising from child custody and visitation provided that the best interests of the child shall prevail.
2. The court may apply the legislations, regulations and guidelines issued in the state, for any matter not specifically provided for in the law.
The court relied on Article 43, which requires judges to apply fairness and justice while ensuring that the child’s best interests prevail. In ordinary cases, the custody is awarded to parents. However, in this case, the court found that no parental alternative existed. It considered the default position of parental custody, accepted certified evidence from the family’s home country, and acted even though some paperwork was incomplete and one parent never appeared. The court prioritised the child’s stability over procedural perfection.
The judgement grants the aunt full authority over the child’s upbringing, education, healthcare, residence and all matters relating to his physical and psychological wellbeing. It also authorises her to obtain and renew his passport and identity documents without father’s consent.
Judgement has wider effects for expatriate families
Similar situations are more common among expatriate families when relatives often step in to care for children after the death, absence or incapacity of a parent. UAE authorities generally place limited reliance on guardianship documents issued abroad for use in schools, hospitals and immigration procedures, and other official matters.
This judgement resolves many of practical challenges by providing a UAE court order that can be relied upon for purposes such as enrolling a child in school, consenting to medical treatment, sponsoring residence visas and renewing identity documents.
Although UAE courts do not operate under a binding precedent system, this judgement provides a clear roadmap for others seeking custody in exceptional circumstance.
Conclusion
The ruling demonstrates the Abu Dhabi Civil Family Court’s readiness to depart from the usual parental custody framework when a child’s safety and stability require exceptional intervention. By applying Article 43 and prioritising the child’s best interests, the court provided a practical solution for expatriate families facing similar circumstances and set a persuasive reference point for future exceptional custody cases.
Bibliography
Haneen Dajani ‘Abu Dhabi court grant boy’s aunt full custody in exceptional case’ (Khaleej Times, 8 August 2026) ) https://www.khaleejtimes.com/uae/legal/abu-dhabi-court-grants-expat-boy-aunt-guardianship-father-unfit accessed on 17 August 2026
Statutes and Statutory Instruments
Federal Decree Law No. 41 of 2024 on the issuance of personal status law. Article 114
Abu Dhabi Law No. 14 of 2021 on Civil marriages and its effects in the Emirates of Abu Dhabi & Regulation 8/2022 , Article 43
[1] Federal Decree Law No. 41 of 2024 on the issuance of personal status law. Article 114
[2] Haneen Dajani ‘Abu Dhabi court grant boy’s aunt full custody in exceptional case’ (Khaleej Times ,8 August 2026) https://www.khaleejtimes.com/uae/legal/abu-dhabi-court-grants-expat-boy-aunt-guardianship-father-unfit accessed on 17 August 2026
[3] Abudhabi Law No. 14 of 2021 on Civil marriages and its effects in the Emirates of Abu Dhabi & Regulation 8/2022 , Article 43
FAQ’s:
Yes, but only in exceptional circumstances. UAE Personal Status Law generally places custody with parents. However, when both parents are unable, unavailable, or unfit to care for the child, the court may depart from the statutory order and appoint a non-parent custodian provided this serves the child’s welfare and meets the principles of fairness and justice under Article 43.
Yes. The judgment grants the aunt full authority to obtain and renew the child’s passport, Emirates ID, and other identity documents without requiring the father’s signature. This resolves common administrative challenges faced by expatriate families when a parent is absent or incapacitated.
The ruling provides a clear legal pathway for relatives seeking custody in exceptional circumstances. Since UAE authorities often do not rely on foreign guardianship documents, a UAE court order like this can be used for school admissions, medical consent, visa sponsorship, and identity document renewal. Although UAE courts do not follow binding precedent, this judgment offers practical guidance for future cases.
The court found that no parental alternative existed. Certified evidence showed the father had a history of criminal convictions, involvement in matters posing physical and sexual risks, and an inability to provide a stable environment. Applying Article 43 of Abu Dhabi Law No. 14/2021, the court prioritised the child’s best interests and determined that the aunt offered a safe, stable, and supportive home.
