In Al Namani v. Watson (May 31, 2022), the Connecticut Superior Court ruled that a UAE child custody order could not be enforced in Connecticut, as it violated public policy and human rights by awarding sole custody to the father based on Sharia law (which required the custodial parent’s religion to match the children’s). Since the father was Muslim and the mother was Christian, the UAE court granted custody to the father. The mother then took the children to Connecticut without the father’s consent. The Connecticut court, citing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), found that the UAE decision on custody violated Connecticut’s best interests of the child standard, which does not consider the parents’ religion.
The new UAE Personal Status Law, effective April 15, 2025, represents a significant change in the UAE’s approach to family law. Under the new law, the best interests of the child are the paramount consideration in custody decisions, which differentiates sharply from the previous application of Sharia law, where the custodial parent’s religion was a central (and sometime the only) factor. This change would have led to a different outcome in Al Namani v. Watson if the case had occurred after April 2025 (and of course in its recognition in the USA).
- Best Interests of the Child: Under the new law, the UAE court would consider factors such as the children’s emotional and physical well-being, their stability, and relationship with both parents. The father’s Muslim faith and the mother’s being Christian would no longer be deciding factors.
- Age of Custody: The new UAE law also brings the age of custody to 18, so unifying of the age of custody for both boys and girls. It also grants children over the age of 15 the right to choose which parent they wish to live with, empowering older children in custody disputes. This new factor would likely have influenced the UAE court’s decision and resulted in a different outcome for the mother, especially if the children expressed a preference to live with her.
- Unified Custody Standards: The new law establishes clear and unified standards for custody, making it less likely for decisions to be influenced by factors such as religion. As a result, if the case were decided under the new law, the UAE court would have had to focus on the child’s best interests, potentially providing a more favorable outcome for the mother in terms of custody.
Should a parent abduct a child from the UAE to the U.S. after the new law comes into effect, on April 15, 2025, enforcement of UAE custody decisions may be more straightforward, particularly if the UAE court’s decision aligns with the best interests of the child standard. While the U.S. courts, including those in New York (or in Connecticut, like the Court in Al Namani v. Watson), would still evaluate whether enforcing the foreign custody order violates U.S. public policy and human rights, a decision based on the best interests of the child would likely align more closely with U.S. custody laws.
Given that New York and other U.S. states emphasize the best interests of the child as the cornerstone of custody determinations, as an International Custody lawyer in New York I believe that the UAE rulings made under the new Personal Status Law might face fewer challenges on public policy grounds. U.S. courts may be more willing to enforce a UAE custody decision if it reflects international child welfare standards and is in the best interests of the child.
Role of an International Child Custody Lawyer in New York in Enforcing/Challenging a UAE Custody Ruling
In international child custody cases, like the one Al Namani v. Watson, when a parent seeks to challenge or enforce a foreign custody ruling, an international child custody lawyer in New York can provide invaluable assistance. Here’s how a lawyer could help:
- Navigating the UCCJEA: An International Child Custody Lawyer in New York can assist in understanding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which rules interstate and international child custody disputes in the U.S. An International Child Custody Lawyer in New York can help determine whether the foreign custody order is enforceable in New York or any other U.S. state, depending on the facts and circumstances.
- Human Rights and Public Policy Arguments: In cases involving foreign custody orders that may violate human rights or conflict with U.S. public policy, an International Child Custody Lawyer in New York can present compelling arguments against enforcement. An International Child Custody Lawyer in New York would analyze whether the foreign custody ruling adheres to U.S. custody standards, particularly the best interests of the child, and help craft a strategy to protect the child’s welfare.
- International Treaties: An International Child Custody Lawyer in New York can also advise on the application of international treaties, such as the Hague Convention on the Civil Aspects of International Child Abduction, which seeks to prevent international child abduction and provides a framework for resolving custody disputes across borders.
- Custody Modifications and Appeals: If a U.S. court does not enforce a foreign custody order, an International Child Custody Lawyer in New York can help seek modifications or challenge the ruling through appeals, aiming to ensure the child’s best interests are protected, regardless of the originating country’s laws.