Custody depends on the applicable law
The general Personal Status Law and the civil personal-status framework do not use identical custody rules. Articles 113–114 of Federal Decree-Law No. 41 of 2024 address a custodian’s qualifications and priority. Under Article 10 of Federal Decree-Law No. 41 of 2022, joint custody is the starting point after divorce for cases within that law, subject to court-determined exceptions. A parent’s preference alone does not establish the outcome.
Residence, decisions and contact
Under the 2024 law, Article 121 provides for contact arrangements and court determination when parents disagree. Article 122 allows a child aged 15 to choose which parent to live with unless the child’s interests require otherwise; Article 123 generally ends custody at 18, with specified exceptions. These provisions are framework-specific. Care, education, guardianship and financial support should be checked separately.
Travel and changes to arrangements
Before arranging overseas travel or relocation, check existing orders, required consent and the relevant legal route. The federal civil regulation deals specifically with travel during joint custody. An agreement about holidays should address destinations, dates, documents and return arrangements; a disputed plan needs individual advice before action.
Prepare for your consultation
- Children’s identity details, existing orders and a calendar of current care arrangements.
- School and medical information relevant to the dispute, and a practical proposal for contact.
- Details of proposed travel, urgent concerns and relevant communications obtained lawfully.
Common questions
Is sole custody automatic?
No. The legal framework, evidence and the child’s circumstances matter. Joint custody under the federal civil law can be disputed through the court; it should not be treated as an unchangeable outcome.
Does custody alone allow international travel?
Do not assume so. Travel, consent, passports and any court restrictions require a separate assessment.
Official sources
Sources checked: 2 November 2026
- 1. Personal Status Law · 41/2024 ↗
- 2. Civil Personal Status Law · 41/2022 ↗
- 3. Civil Personal Status Regulation · 122/2023 ↗
General information, not advice on an individual case. The applicable law, court and available remedies must be assessed from your circumstances. Translations explain the subject; the official Arabic legislation governs interpretation.