Abu Dhabi Judicial Department Chairman Decree No. (43) of 2026 Approving the 'Charter After Separation' - Year of the Family

Legislative Framework and Legal Baseline of the Charter

The Chairman of the Abu Dhabi Judicial Department issued Decree No. (43) of 2026 approving the 'Charter After Separation' document (Year of the Family). This decision follows Law No. (1) of 1974 on the Reorganization of the Government Apparatus, Law No. (6) of 2024 on the Abu Dhabi Judicial Department, Federal Law No. (3) of 2016 on Child Rights ('Wadeema'), Federal Decree-Law No. (41) of 2024 on Personal Status, and repealing Chairman Decree No. (45) of 2020.

Procedural Provisions and Legal Obligations

Article 1 formally approves the document and directs family counselors to present it to parents after separation to sign it in whole or in part and adhere to its terms. Article 2 empowers the Undersecretary of the Department to issue regulatory decisions and circulars, and delegates authority to introduce amendments to the document when necessary. Article 3 repeals Decree No. 45 of 2020, while Article 4 stipulates enforcement from issuance and publication in the Official Gazette (issued on 16 July 2026, corresponding to 2 Safar 1448 AH).

Rights-Based Reference and Best Interests Principle

The Charter draws guidance from the Quranic verse: 'Either retain them with fairness or release them with kindness', affirming that divorce does not terminate parental responsibility. It anchors the 'best interests of the child' as paramount under Article 4(1) of Wadeema's Law and Federal Decree-Law No. (41) of 2024 (Articles 112-124, and 136-152), consistent with Article 3(1) of the UN Convention on the Rights of the Child.

Objectives, Principles, and Custody Regulations

The Charter pursues four core objectives:

• Regulating parental relationship during disputes.

• Protecting children's best interests as the first criterion in all decisions.

• Reducing family disputes and curbing judicial litigation.

• Enhancing educational co-parenting.

Parental Commitments and General Principles

The Charter affirms that divorce dissolves marriage without ending parenthood. It codifies the following general principles:

• Best Interests of Children (Article 1): Interpreting all provisions to fulfill the best interests of children and psychological stability.

• Parental Responsibility (Article 2): Continuous responsibility of both father and mother for children's care and upbringing.

• Educational Cooperation and Information (Articles 3 & 4): Mutual cooperation in religious and moral upbringing, schooling, and healthcare, with the custodian obliged to share academic reports and health updates.

• Dispute Resolution (Article 5): Attempting amicable resolution, and upon impasse, submitting the dispute to the Family Guidance Center before court litigation.

Legal Framework for Custody

Article 6 defines custody as preserving, educating, and caring for the child without prejudice to parental guardianship (Article 112). Upon separation, custody passes to the mother, then maternal grandmother, father, paternal grandmother, or as judicially decided (Article 114). The child possesses the option to choose residency at 15 years of age (Article 122), and custody ends at 18 calendar years (Article 123/1). Article 7 sets nine duties including psychological safety, UAE national upbringing, and joint decisions on medical care, travel, and schooling.

Mutual Obligations, Visitation, Maintenance, and Educational Guardianship

Article 8 obliges parents to refrain from disparaging each other before children, cultivate mutual respect, avoid discussing divorce reasons, and refrain from using custody rights, visitation, or maintenance as tools of coercion. Article 9 encourages structured communication between parents.

Visitation, Accompaniment, and Overnight Stays (Articles 10 & 11)

The Charter establishes visitation, hosting, accompaniment, and overnight stays pursuant to parental agreement or judicial determination based on child welfare (Article 121/1). Duties include:

1. Adhering to agreed dates and times.

2. Preparing the children to ensure a positive visitation experience.

3. Direct personal presence of the visiting parent without delegating care to third parties.

4. Supervising study and homework during accompaniment or overnight stays.

5. Ensuring physical and psychological safety, avoiding friction, and maintaining proper grooming and nutrition.

Maintenance Determination and Components (Articles 12 & 13)

Maintenance considers the payer's means, the child's condition, and prevailing economic conditions (Article 96/1 and the guidance manual). It covers food, clothing, housing, transportation, healthcare, water, electricity, internet, and customary necessities. The legal provider must pay on time, and the custodian must allocate funds to statutory purposes.

Educational Guardianship (Article 14)

The Charter explicitly establishes that educational guardianship rests with the custodial mother in furtherance of the child's best interests (Article 112/3). The guardian decides on schooling and study oversight, with both parents cooperating with the school, attending parent meetings, and harmonizing educational guidance across households.

Executive Annex: Parental Relationship Agreement Post-Separation

The Charter attaches an official parental relationship agreement template executed before the Family Guidance Judge, registering civil details, divorce certification data, and children's dependency status (ward / adult). It structures enforceable terms covering:

1. Custody, Maintenance, and Domestic Assistance

• Custody: Formalizing legal custody of children.

• Maintenance: Setting fixed monthly amounts paid directly into a designated bank account.

• Domestic Assistance: Stipulating the obligor's duty to sponsor a domestic helper, paying recruitment and monthly salary, or paying a bi-annual recruitment allowance plus salary.

2. Custodial Accommodation

Structured options: providing physical custodial housing with defined room specifications and annual lease renewals; retaining the existing marital residence; utilizing employer-provided housing for the custodian; or disbursing an annual monetary housing allowance.

3. Visitation, Travel, and Mutual Release

• Visitation: Scheduling weekly visitation, specifying pickup venues (custodian's residence, visitation center, child protection center), and remote virtual communication.

• Travel: Setting destinations and purposes, requiring written prior notification, capping duration, cost assumption by the traveling parent, prohibiting school-term travel outside holidays, and mandating passport return to the father within 10 days of return.

• Release and Judicial Execution: Mutual discharge of unstated marital or divorce claims, formalized before the Family Guidance Judge.

Chairman Decree No. (47) of 2026 Renewing Judicial Officer Capacity

The official publication also includes Chairman Decree No. (47) of 2026 issued on 19 August 2026 (6 Rabi' al-Awwal 1448 AH) regarding the renewal of judicial police capacity for certain staff at the Abu Dhabi Agriculture and Food Safety Authority (ADAFSA). It was issued under Law No. (1) of 1974, Law No. (6) of 2024, Law No. (7) of 2019 establishing ADAFSA, Law No. (6) of 2021 on judicial police capacity, and official communications from ADAFSA's Director General, the Public Prosecutor, and the Director of the Abu Dhabi Judicial Academy.

Scope and Designated Officers

Article 1 renews judicial officer capacity for twenty (20) employees for crimes and administrative infractions falling within their jurisdiction and duties under Law No. (7) of 2019 and relevant statutes:

1. Jamila Mohammed Salim Saeed Al-Shukaili

2. Hanan Mohammed Ibrahim Mohammed Al-Blooshi

3. Kholoud Salman Abdullah Salman Al-Akbari

4. Fatima Abdulhakim Mohammed Abdullah Al-Jaberi

5. Ibrahim Yousef Abdullah Al-Hammadi

6. Amna Allam Al-Sayed Mohammed Ahmed Al-Shaibani

7. Salem Yahya Mohammed Musallam Al-Darei

8. Hamdan Ali Nasser Ali Al-Issaie

9. Mariam Omar Saeed Zain Al-Menhali

10. Shehab Omar Wahdeeb Salem Al-Sayabi

11. Fakhra Salem Ahmed Saeed Al-Darmaki

12. Jamil Hamdan Khamis Al-Abd Al-Salami

13. Musallam Al-Dahbah Qamash Musallam Al-Ameri

14. Jamal Rashid Abdullah Hilal Al-Maqbali

15. Othman Abu Bakr Abdullah Bajaber Al-Katheeri

16. Hind Obaid Mohammed Mohammed Al-Rumaithi

17. Mohammed Ahmed Mohammed Jaber Al-Hammadi

18. Salmeen Eid Hamoud Salmeen Al-Mansoori

19. Jassim Abdullah Mohammed Al-Hammadi

20. Nasser Abdullah Ahmed Al-Hammadi

Duration and Effectiveness

Article 2 provides that the renewal is effective for two years, and Article 3 directs that the decision takes effect upon issuance and publication in the Official Gazette.