Guardianship in the UAE: A Must-Know Guide for Expats with Children

Introduction

As an expat parent living in the UAE, it’s easy to focus on day-to-day life — schools, work, sunshine. But few consider what would happen to their children if the worst occurred. The UAE legal system requires local guardianship arrangements to be in place, or your children could face temporary state care and delays in receiving support.

This guide will walk you through what guardianship means in the UAE, how to set it up, and why it’s a non-negotiable step for any expat family.

Step 1: Understand the Basics – Custody vs. Guardianship

The UAE law separates custody (day-to-day care) from guardianship (legal authority).

• Custodian: Provides daily care (usually the mother).
• Guardian: Makes decisions about schooling, healthcare, travel, and finances (usually the father).

These roles apply by default, unless the court decides otherwise based on the child’s best interests. Since 2024, both boys and girls remain in the custody of the mother until they turn 18.

If no legal guardian is appointed in the UAE, courts may intervene and appoint one themselves.

Step 2: Why Every Expat Family Needs a Guardianship Plan

You may have a will in your home country. Unfortunately, foreign wills are not automatically recognised in the UAE unless registered locally.

Without a registered guardianship plan:

• Children may be placed under state care.
• Travel, schooling, and access to finances could be blocked.
• Extended family abroad may face legal hurdles in stepping in.

A guardianship plan ensures that someone you trust can immediately take over if something happens — without needing court intervention.

Step 3: Appoint Temporary and Permanent Guardians

There are two types of guardians you should name:

Temporary Guardians

• Must be residents of the UAE.
• Step in immediately in an emergency until permanent guardians arrive.
• Essential if your chosen permanent guardians live abroad.

Permanent Guardians

• Usually relatives or close friends.
• Take long-term responsibility for raising your child.
• May live inside or outside the UAE.

Step 4: Write and Register a Guardianship Will

Guardianship instructions must be legally registered in the UAE. Here’s how to do it:

Option 1: DIFC Wills Service Centre

• English-language wills.
• Commonly used by expats from common law countries.

Option 2: Abu Dhabi Judicial Department (ADJD)

• Bilingual wills (Arabic and English).
• Recognised across all emirates.

Most families opt for ADJD for broader enforceability, especially outside Dubai.

Step 5: Keep It Up to Date

Life changes. So should your will. Review and update your guardianship arrangements if:

• You move emirates or countries.
• Your chosen guardian’s circumstances change.
• You have more children.

Final Words

For expat families living in the UAE, guardianship isn’t something to delay or overlook. It’s a legal and emotional safeguard that ensures your children are cared for by the people you trust — without confusion, delay, or interference. By appointing both temporary and permanent guardians through a locally recognised will, you gain the peace of mind that your family’s future is secure, no matter what happens.

In a region where foreign laws don’t always apply, taking proactive steps today is the most responsible thing you can do as a parent.