UAE court revokes custody from mother convicted of moral offence

The Al Ain Court for Civil, Commercial, and Administrative Claims has ruled to revoke the custody rights of an Arab mother over her four children, citing a criminal conviction involving an offence against honour and integrity.

According to court documents, the children’s father filed a lawsuit requesting custody, arguing that his ex-wife was unfit to raise their children due to her criminal conviction. He stated that she had been found alone with an unrelated foreign man in a hotel room in the UAE — an act for which she was prosecuted under charges of “promoting sin” and inciting immorality.

'Custody is a trust, not a right'

The court stated that a final and conclusive criminal conviction undermines a person’s credibility and trustworthiness as a custodian. “Custody of children is a responsibility and a trust,” the court noted in its ruling. “Fulfilling that trust requires both religious commitment and capability, as upheld by legal precedent.”

It found that the mother’s behaviour cast doubt on her moral suitability to raise the children. Her ongoing relationship with the man — including travelling with him — further demonstrated a failure to uphold the expected standards of modesty, discretion, and chastity.

Court rejects mother’s unproven allegations

In her defence, the mother accused the father of drug and substance abuse, but failed to provide any evidence. In the absence of proof, the court deemed the father fit for custody.

The court also took into account the support offered by the children’s paternal grandmother and aunt, meeting the legal requirement that a male custodian must have suitable female relatives to assist in raising the children.

Legal basis for ruling

The father’s legal team cited Article 113 of the UAE Personal Status Law, which outlines that a custodian must be of sound mind, mature, morally upright, and not convicted of any crime affecting honour or integrity. It also stipulates that a female custodian must not be married to a man unrelated to the children, while a male custodian must have suitable female help.

It was also noted that the children had already been living with their father for the past three years. The ruling officially terminates the mother’s custody rights and, as a result, ends the child support payments she had been receiving on their behalf.