An Abu Dhabi court has granted full custody of a young boy to his maternal aunt in what lawyers have called an exceptional case.
The Abu Dhabi Civil Family Court gave the aunt full physical and legal custody of the child. The ruling also gives her the power to make major decisions about his care without approval from his father.
The court said the child’s best interests were the main concern. It found that the boy should remain in the UAE with his aunt and her husband. The court said this would keep him away from an environment that had caused him past problems and difficult experiences.
The ruling was issued on July 23. It also gives the aunt the right to apply for and renew the child’s passport, identity papers and other official documents without the father’s signature.
Lawyer Byron James represented the family. He said the case was the first known judgment of its kind for his legal team.
James said the court had given full physical and legal custody to an aunt. It had also allowed her to deal with the child’s identity documents without help from a parent.
He said custody by a person who is not a parent is rare. Parents are normally the first choice in custody cases. A court will only move away from that position when there is no suitable parental option.
The case involved a young boy who was already living in the UAE with his maternal aunt and her husband. His father was living outside the country.
Court records showed that the child’s mother died in 2021. The cause of death was liver failure linked to alcohol abuse.
The court also received a certified health report about the father. The report said he had served a prison sentence in the past. It also referred to several serious allegations involving risks to other people, physical and sexual harm, and the sexual exploitation of children.
The aunt and her husband asked the court to make them the boy’s legal guardians and main caregivers.
They told the court that they had been caring for him in Abu Dhabi. They provided a stable home and supported his education and emotional needs.
They also submitted documents to support their case. These included a valid home rental contract and professional reports about the child’s needs.
The reports said the child needed careful risk management, a stable home and proper education planning.
The father was formally informed about the case. However, he did not attend the court hearings. He also did not challenge the aunt’s request.
The court also considered a written statement linked to the father. In that statement, he agreed that the aunt and her husband were the best people to care for his son. He said they could give the child a stable family home.
The court relied on Article 43 of Abu Dhabi’s Civil Marriage and Divorce Procedures Regulations.
The rule requires judges to apply fairness and justice in custody cases. It also says that the child’s best interests must come first.
Custody normally rests with the parents. But the court found that there was no suitable parental choice in this case.
The aunt was therefore given broad powers over the child’s life. These powers cover his education, healthcare, home and daily care.
She can also make decisions about his physical and mental wellbeing. The ruling allows her to obtain and renew his passport and identity documents without the father’s consent.
James said the judgment shows that a child’s welfare can take priority over the normal custody rules.
He said the court considered evidence from the family’s home country. It also acted despite gaps in some documents and the father’s absence from the hearings.
The case may be important for expatriate families who have relatives caring for children.
In some families, an aunt, uncle or grandparent may take care of a child after a parent dies, leaves the country or becomes unable to provide care.
Informal care can work at home. But it may create problems when official action is needed.
Schools, hospitals and immigration offices may require proof that a relative has legal authority to act for a child. Documents from another country may not always be enough for use in the UAE.
James said the court order can help solve some of these problems. The aunt can now use the local order when dealing with schools, medical care, residence matters and identity documents.
UAE courts do not use a system of binding legal precedent. Still, James said the judgment may offer guidance to relatives in similar cases.
He said relatives seeking custody would need to show that the parents are deceased, absent or unable to care for the child. They would also need to prove that living with them would serve the child’s best interests.
The case shows that stable care, strong evidence and the child’s welfare can play a major role when courts consider exceptional custody requests.
