Dubai court changes child visitation over father’s work hours
Dubai’s highest court has revised a child visitation arrangement after finding that a father’s Friday work schedule made part of the order impractical, in a ruling that highlighted the need to balance parental rights with the child’s wellbeing and daily routine.
Visitation refers to the legal right of a non-custodial parent to see, spend time with, and in some cases take the child out or keep the child overnight under a mutually agreed or court-approved schedule.
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In a significant family case, the Dubai Court of Cassation stressed that visitation schedules must take into account the realities of parents’ working lives and should not be arranged in a way that makes meaningful access difficult to exercise.
The case centred on a father seeking more time with his son, including regular weekly visits and access to school-related information.
A lower court had initially granted the father the right to see and take his son out on Saturdays, Sundays and Wednesdays from 4pm to 8pm. The ruling also allowed him to visit the child’s school once a week in line with school regulations.
However, the arrangement was later amended on appeal, with Friday replacing one of the visitation days.
The Court of Cassation found that the revised schedule failed to take into account the father’s working hours, as he remained at work until 5pm every Friday. Judges said this created practical difficulties that could effectively deprive him of meaningful time with his child.
In its ruling, the court stressed that visitation arrangements should not only protect the legal rights of parents, but also remain workable in practice and avoid placing unnecessary strain on the child.
The judges further noted that visitation schedules must not disrupt the child’s studies or exhaust him through unsuitable arrangements.
The court eventually revised the schedule, granting the father visitation rights on Saturdays, Mondays and Wednesdays from 4pm to 8pm.
According to the judgment, the revised arrangement struck a fairer balance between both parents while safeguarding the child’s interests and maintaining stability in his weekly routine.
The court also considered the mother’s circumstances, noting that granting the father access on both Saturday and Sunday would significantly reduce the mother’s time with her son, as weekends represented her regular days off.
Legal experts said the ruling reflects the UAE courts’ increasingly practical approach in family disputes, where decisions are assessed not only on legal entitlement but also on whether they can realistically work without negatively affecting the child’s emotional wellbeing or daily life.
Commenting on the judgment, Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the ruling reaffirmed that a child’s welfare remains central in custody and visitation disputes in the UAE. He said the court viewed visitation not as a theoretical right, but as a practical arrangement that must work around parents’ schedules while serving the child’s best interests, including educational and daily routine needs. “The decision confirms that parental rights are protected, but always within a framework that puts the child’s welfare first,” he said.
What is visitation?
Under UAE family law, visitation refers to the legal right of the non-custodial parent to see and spend time with the child through court-approved arrangements designed to preserve the parent-child relationship after divorce or separation.
Visitation may include weekly visits, outings, overnight stays, weekends, holidays and school visits, depending on the child’s best interests. UAE courts can also order supervised visitation in sensitive cases.
If parents cannot agree on custody or visitation, the family court decides the schedule, with judges focusing on the child’s welfare, emotional stability and daily routine.
