Pilot's custody case tests Abu Dhabi's child welfare reforms

Ruling shows courts recognise benefits of co-parenting when making decisions, experts say

A new law granting joint custody and efficient divorce procedures was among the changes announced for non-Muslims in Abu Dhabi in 2021. Photo: Wam

An airline pilot has been granted joint custody of his young daughter by the Abu Dhabi Civil Family Court, a move that experts say indicates the emirate's continuing efforts to promote gender equality in parenting.

The western father, who did not wish to be identified, said his wife filed for divorce last year and demanded full custody of their daughter, claiming his job kept him away frequently. The pilot initially hoped for an amicable agreement, he told The National.

“My job means I travel approximately 14 days a month and it wasn’t fair that I would lose custody because of my job,” he said.

“This ruling gives me hope. It proves that being a parent isn’t about how many hours you’re home, but about the love, care and stability you provide. I may travel for work, but my heart is always with my daughter, and I’m grateful the court recognised that.”

The Abu Dhabi resident filed a case at the emirate's family court five months ago. On Monday, the court ruled that he would share custody with his wife. For one week each month, his daughter would remain with him. “I'm looking forward to spending Christmas with my daughter,” he said.

'Pivotal moment'

The ruling was hailed as another example of the court's modern approach towards family law.

“The courts are now demonstrating a progressive and balanced approach to parental rights, particularly in cases where professional commitments, such as frequent travel, are involved,” said Byron James, partner and head of Expatriate Law in the UAE.

“It is a clear statement that parental roles are no longer determined by outdated stereotypes. Fathers are as integral to their children’s lives as mothers, regardless of professional demands. Abu Dhabi’s courts are championing gender equality by ensuring both parents have an equal opportunity to play an active role in their child’s upbringing.”

New legislation

A new law granting equal legal rights for men and women, joint custody and the expediting of divorce procedures was one of the changes announced for non-Muslims in Abu Dhabi in 2021.

Under the law, spouses have the right to divorce without the need to prove harm was done in the marriage. Joint and equal custody of children will be automatically granted to parents after divorce, with procedures in place to settle disputes.

In May, the court's first divorce case in which a non-Muslim from the UK was granted a no-fault divorce from his Muslim ex-wife from Australia also resulted in the granting of joint custody of the couple's child.

Benefits to the child

Kate Littler, a psychotherapist based in Dubai, told The National that maintaining contact with both parents is proven to be more beneficial for children after divorce.

“While divorce can negatively impact our children we also know the importance to their emotional well-being of maintaining committed and stable relationships with both parents,” she said.

“A study from 2021 showed that children whose parents practised joint physical custody displayed significantly fewer mental health problems. So, as a psychotherapist I really welcome this decision.”

The emirate's family court for non-Muslims has made significant efforts to ensure children maintain contact with both parents after a divorce, considering family dynamics, finances and individual living situations.

“[Since the Abu Dhabi court was established], fathers permanently residing abroad have successfully secured interim joint custody, and joint custody has been granted to parents who frequently travel abroad for work,” said Shabana Saleem, family barrister and mediator in private client services at leading Middle East law firm Al Tamimi & Company.

“The Abu Dhabi Court carefully considers a range of factors when making custody decisions, including the child's emotional and psychological well-being, the ability of each parent to provide a stable and nurturing environment, the parents' respective roles in the child's upbringing, and the practicalities of each parent's living situation.

“While we work closely with clients to create parenting plans that support co-parenting, parents can be reassured that when agreements cannot be reached, the Abu Dhabi courts are methodically considering the facts of each case to ensure that custody arrangements align with the child’s long-term welfare and development.”

The Abu Dhabi Civil Family Court, where the case was filed, was established in December 2021 to better serve the capital's expatriate residents in family matters such as marriage, divorce and child custody.

In cases of joint custody, neither parent may independently decide to travel with the child outside the country without written consent from the other parent, duly authorised by the court, or, in the event of a disagreement, obtain permission from a judge.

“This provision protects the stability and best interests of the child while ensuring that relocation or international travel is not used to disrupt joint custody agreements or undermine the relationship between the child and either parent,” Mr James said.

Changing times

Such a ruling would have been impossible under the previous law, which did not have a provision for joint custody.

“Under the old personal status laws, it was rare for someone with a profession like this, where time away from home is part of the job, to be granted meaningful custody rights. However, the new Civil Family Law in Abu Dhabi has brought about a secular, gender-neutral approach to parenting, where joint custody is now the starting point,” said Mr James.

“The court’s decision in this case shows that professional commitments abroad, whether as a pilot, an executive or any role requiring travel, do not disqualify a parent from joint custody. It would be a terrible shame if working abroad occasionally meant losing the right to parent equally.

“It’s a reassuring precedent for those whose work takes them away physically but whose hearts remain firmly at home with their children.”

The Civil Family Court opened in December 2021 at the Abu Dhabi Judicial Department. It is part of new legislation to better support residents in the emirate.

The new family law includes equal legal rights for men and women, joint custody and the expediting of divorce procedures.