Can your job cost you child custody? Dubai court ruling explains when it might

Can a working mother lose custody of her children because of her job? A recent Dubai court ruling shows that while having a job does not decide custody on its own, it may matter if it affects a child’s daily care and stability.

In a case shared by legal consultant Dr Hasan Elhais from Amal Al Rashedi Lawyers and Legal Consultants, a mother lost custody of her two daughters after the court found that her job required her to be away from home often and for long periods.

According to Hasan, the ruling by Dubai’s highest court upheld an earlier decision to transfer custody of the children to their father, with the main focus on the children’s welfare.

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Hasan said the ruling shows that custody is not automatically given to either parent. “The court will always look first at where the child’s welfare is best protected and whether the custodian can provide stable, continuous care,” he said.

The case involved a mother who worked as a flight attendant, whose job required her to travel and stay away from home for several days at a time.

According to Hasan, the court found that such absences could affect the children’s routine, supervision and overall stability. The father, on the other hand, was described as being consistently present and able to take care of the children’s daily needs, with support from family members.

He said the court also considered findings from a custody committee, which reviewed the living arrangements and concluded that the children’s best interests would be better served in the father’s care.

He stressed that the ruling does not mean that working mothers automatically lose custody. “This is an important point for the public. The court did not say that a working mother loses custody just because she has a job. What it said is that the full situation must be looked at, including whether repeated travel or long absences affect the child’s routine, supervision and emotional stability,” he noted.

He also added that having a nanny or domestic help does not replace the need for a parent to provide direct and continuous care. “In cases involving young children, the court looks at who is consistently available, who can manage their daily needs and whether the arrangement provides stability,” he said.

Legal experts said the ruling is a reminder that custody cases in the UAE are decided based on the details of each case, with courts focusing on what is best for the child rather than the wishes of either parent.

“The broader message is that the court is focused on the child, not on punishing one parent or favouring the other,” said Hasan. “Where the evidence shows that the child’s welfare would be better served in the care of the other parent, the court can make that decision.”