Abu Dhabi Court Grants Full Custody of Boy to Maternal Aunt in Unique Case
Abu Dhabi court awards full legal and physical custody of a boy to his maternal aunt, citing child's best interests.
The Abu Dhabi Civil Family Court has issued a rare ruling granting full legal and physical custody of a boy to his maternal aunt, after determining the child's father was unfit to care for him. This decision marks a notable precedent in the emirate's family law.
On July 23, the court authorized the aunt to assume complete guardianship, allowing her to make all significant decisions regarding the child's upbringing without needing the father's consent. Additionally, the ruling permits her to apply for and renew the child's identity documents independently, a provision that legal experts say could have important implications for expatriate families in similar situations.
Lawyer Byron James, who represented the family, noted that this is the first known instance where the Abu Dhabi Civil Family Court has conferred full custody and legal authority over identity documentation to an aunt rather than a parent. He emphasized that such custody arrangements are exceptional, stating, "The starting point is always the parents, so a judgement like this only happens when the court is satisfied there is no parental alternative."
The court's decision was grounded in the principle of serving the child's best interests, concluding that remaining in the UAE with his aunt and her husband would provide a stable environment, away from the difficulties and unpleasant experiences associated with his previous living situation.