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Crimes Affecting the Family in UAE Law: Alimony and Child Custody
The UAE Penal Code devotes a separate chapter to crimes against the family, protecting it at three precise points: the parentage and identity of a newborn child; the right of a person holding a court ruling to receive or retain custody of a child; and maintenance together with fees for custody, nursing or housing. The gravest of these offences is a felony punishable by temporary imprisonment, while the remainder are misdemeanours punishable by detention or a fine. This chapter also carries a distinct procedural character: in some of these offences no case may be filed except upon a complaint from the party concerned, and the law attaches to a waiver or settlement either extinction of the criminal case or suspension of enforcement of the penalty, depending on the stage reached. This article sets out each offence, the conditions for its existence, its penalty, and the effect of a waiver.
I. Map of Crimes Against the Family and Their Classification
The category of an offence is determined by the type of penalty prescribed for it in law, not by the description of the act. A felony is an offence punishable by a retribution penalty, the death penalty, life imprisonment or temporary imprisonment; a misdemeanour is an offence punishable by detention, by a fine exceeding 10,000 dirhams, or by blood money. On this basis, the offences of this chapter are distributed as follows:
II. Interference With the Parentage of a Newborn Child
This is the only felony in the chapter, and its penalty is temporary imprisonment. The law has defined the acts constituting it exhaustively, and all of them relate to a newborn child and aim at severing its link with its true family or obscuring its parentage:
- Removal: removing the newborn child from the person holding lawful authority over it.
- Concealment: concealing the child from that person.
- Substitution: substituting another child for it.
- False attribution: falsely attributing the child to persons other than its parents.
The mitigated case: where the child is proved to have been stillborn
In this case the law reduces the offence from a felony to a misdemeanour, prescribing detention for a period not exceeding two months and a fine not exceeding 50,000 dirhams, or either of these two penalties. This reduction carries an important practical consequence: a change in the classification of the offence changes the court having subject-matter jurisdiction and the course of the case. Proving the fact of birth and death through official medical records is therefore the centre of the defence in this scenario.
III. Refusing to Hand a Child Over to the Person Entitled
This misdemeanour is committed by a person having charge of a child who refuses to hand the child over to whoever is entitled to request it. Its penalty is detention or a fine. It does not arise from a mere disagreement over the child; three conditions must be met:
Conditions for the offence to arise
First: the accused must have charge of the child, that is, the child must actually be in his care. Second: the child must be requested from him by the person entitled to request it. Third: that entitlement must be established by virtue of a decision or a final judgment issued by the judiciary. The basis of criminalisation is therefore refusal to comply with a final judicial instrument, not the mere dispute over the parties’ respective rights, which makes obtaining the final instrument and documenting the request and the refusal the first step in any complaint of this kind.
IV. Abduction by a Parent or Grandparent and Refusal to Return the Child
Here the law addresses a particular situation: the abductor is the father, the mother or the grandparent himself. It provides that the relationship of kinship and guardianship does not negate the offence, which is punishable by detention or a fine. It arises in either of two forms, subject to the following criteria:
- Capacity of the offender: he must be one of the parents or one of the grandparents.
- First form — abduction: abducting his young child or his grandchild, personally or through another person.
- Second form — refusal: refusing to return or hand the child over to whoever is entitled to its custody or safekeeping.
- Basis of the right: the right of custody or safekeeping must be established by a decision or a final judgment of the judiciary.
- A decisive criterion: the law expressly provides that the offence arises even where the act occurs without trickery or coercion.
Why is this offence so often misjudged?
The common error is for a parent to assume that fatherhood or motherhood permits him to take the child or keep it so long as it is his own. The law closes this door in two ways: first, by expressly addressing the parent and the grandparent in the text; and second, by dispensing with the requirement of trickery or coercion, so that it suffices for the act to be contrary to the judicial instrument. Physical possession of the child is accordingly no defence against a final judgment on custody or safekeeping.
V. The Effect of Waiver and Settlement on the Case and the Penalty
The law affords the offences of this chapter a special treatment that takes account of the nature of family ties, giving a waiver and a settlement direct effect on the case and on enforcement of the penalty, at two distinct levels:
First level: extinction of the criminal case
In the offences of refusing to hand over a child and of abduction by a parent or grandparent, the criminal case is extinguished where a waiver or settlement takes place after the offence has been committed and before it is adjudicated by a final and conclusive judgment. Where the waiver or settlement occurs after the judgment has become conclusive, enforcement of the judgment is suspended. The decisive factor is therefore the moment of the waiver: before a conclusive judgment it ends the case; afterwards it suspends enforcement.
Second level: suspension of enforcement of a custodial penalty
The law further provides that the misdemeanours of this chapter — refusal to hand over a child, abduction by a parent or grandparent, and refusal to pay maintenance — are among those in which the Public Prosecution suspends enforcement of the adjudicated custodial penalty where the victim waives his right or reaches a settlement with the convicted person. This is an additional safeguard that keeps the door to settlement open at any stage, and it does not dispense with a formal waiver duly recorded before the competent authority.
VI. Refusal to Pay Maintenance, Custody Fees and Housing
This is the most frequently encountered offence of the chapter in practice, and its penalty is detention for a period not exceeding one year and a fine not exceeding 10,000 dirhams, or either of these two penalties. The law does not, however, criminalise mere non-payment; it surrounds the offence with precise conditions that must all be satisfied:
Elements of the offence as defined by the text
First — a judicial instrument: an enforceable judicial judgment must have been issued against the person ordering payment of maintenance to his spouse, to one of his relatives, or to any other person he is legally bound to support, or payment of custody, nursing or housing fees. Second — refusal despite ability: he must refuse to pay while being able to do so; the absence of ability negates the offence. Third — lapse of the period after notice: the refusal must continue for three months after he has been served notice to pay.
Two procedural restrictions that change the course of the case
The first: no case may be filed except upon a complaint from the party concerned; the Public Prosecution does not initiate it of its own motion. The second: if the convicted person pays the sums accrued against him, or provides a guarantor acceptable to the party concerned, the penalty is not enforced. These two restrictions make this offence an instrument for securing payment rather than punishment in itself.
Periods and deadlines that must not be overlooked
- Three months: the period for which refusal to pay maintenance must continue after notice to pay; before it elapses the offence does not arise.
- Before a conclusive judgment: the time frame within which a waiver or settlement extinguishes the criminal case in the offences of handing over a child and abduction.
- After a conclusive judgment: the effect of a waiver or settlement is confined to suspending enforcement of the judgment rather than extinguishing the case.
- One year maximum: the detention penalty for refusal to pay maintenance, together with a fine not exceeding 10,000 dirhams, or either penalty.
- Two months maximum: the detention penalty where the child is proved to have been stillborn, together with a fine not exceeding 50,000 dirhams, or either penalty.
VII. Common Threads Running Through the Chapter
- The judicial instrument is the pivot: in three of the five offences, no crime arises except through breach of an existing judicial decision or judgment.
- Kinship is no bar to punishment: the parent and the grandparent are expressly addressed by the text in the offence of abduction and refusal to return.
- Ability is a condition in the maintenance offence: what is punished is refusal despite ability to pay, not inability to pay.
- The will of the party concerned is decisive: between the complaint requirement and the effect of waiver and settlement, the victim retains broad control over the fate of the case.
- Criminal proceedings do not replace civil enforcement: a criminal judgment does not substitute for enforcing the maintenance or custody judgment before the competent enforcement authority.
VIII. Practical Guidance
Steps that protect your legal position
- Obtain the judicial instrument first: a complaint is not built on a family dispute but on a decision or final judgment with a clear operative part.
- Document the notice to pay: in the maintenance offence the three-month period runs from the notice, and the notice is proved only by an official record.
- Document the request and the refusal: in cases concerning the handing over of a child, proving the request and the refusal is an essential element of the case.
- Preserve digital evidence as it is: messages, handover records and reports of the competent authorities, without deletion or alteration.
- If you are the accused, establish absence of ability: with certified income and liability documents, since ability to pay is a condition of the maintenance offence.
- Do not sign a waiver without advice: the effect of a waiver differs fundamentally before and after a conclusive judgment.
- Keep the two tracks distinct: pursue enforcement of the judgment before the enforcement authority and do not rely on the criminal complaint alone, as each track has its own effect.
Legal References
- Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law — federal law.
- Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law — federal law.
- Federal Law No. 9 of 1976 concerning juvenile delinquents and vagrants — federal law.
Are you a party to a dispute over handing over a child, custody or adjudicated maintenance?
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS — Dubai, United Arab Emirates
Frequently Asked Questions
QIs a father criminally liable if he takes his child from the custodian?
Yes. The law expressly addresses parents and grandparents, and criminalises the abduction by a parent or grandparent of his young child or grandchild, as well as his refusal to return or hand the child over to whoever is entitled to its custody or safekeeping by virtue of a decision or a final judgment. It expressly provides that the offence arises even where the act occurs without trickery or coercion. The penalty is detention or a fine.
QWhen does refusal to pay maintenance become a criminal offence?
When three conditions coincide: an enforceable judicial judgment ordering payment of maintenance or of custody, nursing or housing fees; refusal by the convicted person to pay while able to do so; and continuation of that refusal for three months after he has been served notice to pay. If any condition is absent the offence does not arise — most notably where the ability to pay is absent.
QDoes a waiver end the case after judgment has been given?
The effect differs according to timing. In the offences of refusing to hand over a child and abduction by a parent or grandparent, the right to bring the criminal case is extinguished where the waiver or settlement takes place before adjudication by a final and conclusive judgment; where it occurs after the judgment has become conclusive, its effect is confined to suspending enforcement. The Public Prosecution likewise suspends enforcement of the custodial penalty in these misdemeanours upon a waiver or settlement.
QWhat is the difference between the offence of refusing to hand over a child and abduction by a parent?
The difference lies in the capacity of the offender and the form of the act. The first is committed by a person having charge of a child who refuses to hand the child over to whoever is entitled to request it by a judicial ruling, whatever his relationship to the child. The second is confined by law to a parent or grandparent, and covers abduction personally or through another person as well as refusal to return or hand over the child. Both are punishable by detention or a fine.
QWhat is the penalty for altering or concealing the parentage of a newborn child?
The penalty is temporary imprisonment, and this is the only felony in the chapter. It arises through four acts exhaustively listed by the law: removing the newborn from the person holding lawful authority over it, concealing it, substituting another child for it, or falsely attributing it to persons other than its parents. Where the child is proved to have been stillborn, the penalty is reduced to detention not exceeding two months and a fine not exceeding 50,000 dirhams, or either penalty.
This article is published for the purpose of promoting legal awareness and community education. It does not constitute legal advice or a legal opinion on any particular matter, and no relationship of retainer or legal representation arises from it. The outcome of each case differs according to its facts and documents, and legislative texts and amendments are subject to change. It is always advisable to consult a licensed lawyer for advice specific to your case. AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS accepts no liability for any action taken in reliance on this content without specialised advice. This article is a translation of the Arabic original; in the event of any discrepancy between the two texts, the Arabic text shall prevail as the authoritative reference.
Family Law Criminal Defence in Dubai — Child Handover, Custody and Maintenance
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS in Dubai provides representation and advisory services in crimes against the family before the Public Prosecution and the Dubai courts at all levels. This includes complaints for refusal to hand over a child, abduction by a parent or grandparent, refusal to pay maintenance or custody, nursing or housing fees, and cases concerning interference with a child’s parentage. If you are looking for a family law criminal lawyer in Dubai, a lawyer for maintenance and custody cases, or a lawyer for child handover complaints, the firm follows the case from the complaint to the Public Prosecution, and then through trial, appeal and cassation.
Our Services Across the Other Emirates
The firm’s work also extends to Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah, since the Crimes and Penalties Law is a federal law applicable throughout the United Arab Emirates, subject to the procedural arrangements and competent courts of each emirate. If you are looking for a maintenance and custody lawyer in Abu Dhabi, a child handover lawyer in Sharjah, or a lawyer for crimes against the family in the other emirates, you may contact the firm to assess your legal position.