Manhood vs Motherhood: UAE court denies father’s custody to teach sons manhood

Fujairah: In a case that underscores the delicate balance between parental rights and a child’s best interest, the Fujairah Sharia Court has rejected a father’s request to gain custody of his two sons after they reached the legal age threshold. His argument that living with him would allow the boys to "learn manhood" and "take part in men’s gatherings" claimed he was better suited to guide them through this stage of life.

But the court ruled otherwise. In its decision, it emphasised that custody is not about parental entitlement—it is a dynamic responsibility, renewed day by day, and ultimately guided by what best serves the child’s welfare. That, the court held, remains with the mother, who had been providing a stable, nurturing environment and had not violated any of the conditions required for custody.

The father based his claim on Article 156 of the UAE Personal Status Law, which states that maternal custody of male children ends at age 11. However, the same article gives judges discretion to extend custody if it is deemed in the child’s best interest—precisely what the court decided in this case.

In his statement, the father insisted his sons no longer required maternal care and needed to be raised in a setting that emphasised "tribal values and men’s councils." But when pressed for evidence of neglect or incompetence on the mother’s part, none was presented.

The mother, for her part, attended all court hearings and testified that she has been fully devoted to her sons’ upbringing, remaining unmarried since the divorce and actively engaged in their education, emotional well-being, and overall care. The court noted that there was no indication she had failed in any custodial duties or lacked the qualities required—such as trustworthiness, capability, or moral integrity.

In its reasoning, the court reiterated that custody involves three rights: that of the father, the custodian, and the child. When these interests conflict, the child’s welfare must take precedence. The judge also pointed out that the father's assertions were unsupported by legal evidence and thus "devoid of legal value."

Ultimately, the court ruled in favour of the mother, stating that remaining in her custody served the boys’ immediate and long-term interests and protected them from potential harm caused by disrupting their current environment. The father's request was fully dismissed, including his bid to cancel child support obligations, and he was ordered to pay court fees and Dh200 in legal expenses.