Divorce in the UAE: Child custody and guardianship

Asha and Henry are both British...

Asha and Henry are both British. Asha wants to divorce her husband in Dubai but she is scared to lose the custody of my 12 year old son.

Unlike Common law jurisdictions, under UAE laws there is a “right” to custody and guardianship of children depending on the sex and the age of the child. Under local law, a distinction is made between guardianship and custody of children.  Although the right is perceived as automatic when children reach a certain age, a number of criteria have to be fulfilled in order for the custody to be given to the father.