UAE: Can a divorced mother regain custody after remarriage?

Question: I am a Muslim man. Six months ago, I signed a divorce agreement with my Muslim ex-wife, in which I divorced her. One of the conditions of the agreement was that I would have custody of our children. She is currently married to another man and is now asking me to give her custody of our two children, aged 6 and 7, as well as our 14-year-old son. She has threatened to file a family lawsuit to demand custody if I refuse. Does my ex-wife have the legal right to file such a lawsuit despite signing the divorce agreement and relinquishing custody of the children?

Answer: She has the right to file the case, but it will be up to the court to decide whether to grant her custody on not based on the best interests of the children.

Pursuant to Article 115 of Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law:
A person whose right to custody has been extinguished may apply to the court to request it again if the reason for extinguishment ceases to exist.

Article 123 of the same law confirms that custody ends when the child reaches the age of 18 (Gregorian) years. This means the mother has the right to request custody until the children reach 18 years of age, taking into consideration that if the child in custody reaches the age of 15, he or she is entitled to choose which parent to reside with, unless the child’s best interests require otherwise.

Moreover, although the mother’s marriage is generally a disqualifying condition for custody, the court may disregard this if it is in the best interest of the children.
Article 113 of the same law states: The following conditions shall be available in the custodian: (4) If the custodian is a woman, she shall be unmarried to a man who is not related to the child in custody, unless the interest of the child in custody requires otherwise, in accordance with the court’s discretion.