Court says child’s best interests are served by remaining in the UAE with his aunt and her husband, away from the environment that had caused him difficulties and distress.
According to lawyer Byron James, who represented the family, the ruling is the first judgment his team is aware of in which the Abu Dhabi Civil Family Court has granted an aunt full physical and legal custody of a child, while also giving her the authority to renew the child’s identity documents independently of either parent.
“Custody by a non-parent is exceptional,” James told Khaleej Times. “The starting point is always the parents, so a judgment like this only happens when the court is satisfied there is no parental alternative.”
Tragic family circumstances
The case involved a young boy who had been living with his maternal aunt and her husband in the UAE, while his father resided abroad.
Court documents showed that the child’s mother died in 2021 from liver failure linked to alcohol abuse. A certified health report submitted to the court also stated that the father had previously served a custodial sentence and had faced allegations in several matters involving risks to others, physical and sexual harm, and the sexual exploitation of children.
The aunt and her husband asked the court to appoint them as the child’s legal guardians and custodians, saying they had provided him with a stable home, education, emotional support and day-to-day care in Abu Dhabi. They submitted supporting evidence, including a valid tenancy contract and professional assessments indicating that the child required active risk management, residential stability and informed educational planning.
Although the father was formally notified of the proceedings, he did not attend any hearings or contest the application. The court also considered a written statement attributed to him in which he agreed that the aunt and her husband were the most suitable people to care for his son because they could provide a stable family environment.
In its reasoning, the court said the child’s best interests would be served by remaining in the UAE with his aunt and her husband, “away from the environment that caused him difficulties and unpleasant experiences”.
Child’s welfare came first
The court relied on Article 43 of Abu Dhabi’s Civil Marriage and Divorce Procedures Regulations, which requires judges to apply principles of justice and fairness while ensuring that the child’s best interests remain paramount in custody disputes. While custody ordinarily rests with the parents, the court found there was no suitable parental alternative in this case.
“The judgment shows the best interests of the child are a real test, not a slogan,” James said.
“The court looked past the default position of parental custody, accepted certified evidence from the family’s home country and acted even though the paperwork was not complete and one parent never appeared. The child’s stability came before procedural perfection.”
The judgment gives the aunt full authority over the child’s upbringing, education, healthcare, residence and matters relating to his physical and psychological wellbeing. It also authorises her to obtain and renew his passport and identity documents without requiring the father’s consent.
Wider implications for expatriate families
James said similar situations are more common among expatriate families than many people realise, with relatives often stepping in to care for children following the death, absence or incapacity of a parent.
“The problem is that informal arrangements, and even guardianship documents from home, carry no automatic weight with schools, hospitals and immigration authorities in the UAE,” he said. “Families usually discover that gap at the worst possible moment.”
He said the ruling addresses many of those practical challenges by providing a locally recognised court order that can be relied upon for matters such as enrolling a child in school, consenting to medical treatment, sponsoring residence visas and renewing official identity documents.
Although UAE courts do not operate under a system of binding precedent, James believes the judgment provides a clear roadmap for other relatives seeking custody in exceptional circumstances.
“A grandparent, uncle or adult sibling in a comparable position can apply on the same basis — show the court that the parents are deceased, absent or unfit, and that the child’s best interests lie with you,” he said.
“What the court rewards is a stable home, documented care and proper evidence.”
