📋 Complete Guide | Custody Declaration — UAE
By the Private Notary Dubai Team — Licensed Notaries in the UAE | Last updated: June 2026
What Is a Custody Declaration?
A custody declaration — also referred to as a declaration for child custody or custody acknowledgement — is an official legal document that falls within the category of personal status documents. In it, the custodian formally declares before the competent judicial authority that the child or children are physically present in their care and under their actual custody.
This document is distinct from a custody judgement or custody agreement. It does not grant custody — rather, it is an official notarised confirmation that custody is actively being exercised and that the child is in the hands of the person claiming it.
In some cases, the requesting authority may also refer to a related document known as a Declaration of Who Holds the Child, especially where the purpose is to prove that the child physically resides with, and is cared for by, a specific parent or guardian.
The document has no expiry date and remains valid indefinitely unless the requesting authority specifically asks for a more recent version.
When Do You Need a Custody Declaration?
Based on the types of requests commonly handled by our team, a custody declaration may be required in several practical situations, including:
🏫 School enrolment
Some schools require proof of custody to register the child under the custodian’s name
🏛️ Embassies & consulates
For obtaining or renewing the child’s travel documents or visa applications
🏥 Healthcare decisions
For authorising medical procedures or making health decisions on behalf of the child
🏢 Government authorities
Any official body requiring notarised proof that the child is in the custodian’s care
❤️ Charitable organisations
To qualify for assistance benefits linked to children under custody
⚖️ Legal proceedings
To support cases related to child support, visitation rights, or other family matters
Issuing Authority — Which Body Is Responsible for Your Emirate?
The custody declaration is issued by the competent judicial authority in the emirate where the applicant resides:
| Emirate | Issuing authority |
|---|---|
| Abu Dhabi | Abu Dhabi Judicial Department |
| Dubai | Dubai Courts |
| Sharjah | Sharjah Judicial Department |
| Ajman · Fujairah · Umm Al Quwain | Ministry of Justice |
| Ras Al Khaimah | Ras Al Khaimah Courts |
Required Documents
Custodian’s ID (applicant) — Emirates ID or passport with residence permit for non-nationals
ID of the child’s guardian / person entitled to custody — where applicable, along with the children’s own IDs
IDs of two male Muslim witnesses — attendance via video call is accepted
Official custody document — such as a custody judgement or notarised custody agreement. Required when the child’s guardian or the person entitled to custody is unable to attend.
Who Needs to Be Present?
👤 The custodian (applicant)
Mandatory — can attend via notarised video call.
👨 The child’s guardian / person entitled to custody
Required to attend via video call. If attendance is not possible, an official custody document (court judgement or notarised agreement) can be submitted in lieu.
👥 Two witnesses
Must be male and Muslim — attendance via video call is accepted.
Steps to Issue a Custody Declaration
Contact us — via WhatsApp with your emirate of residence and case details so we can identify the competent authority and confirm exact requirements
Send your documents — IDs of all parties, custody document, and witnesses’ IDs
File preparation and submission — we prepare and submit the file to the competent authority on the same day we receive your documents
Session appointment — the court or competent authority schedules the online session with all parties and witnesses
Custody declaration ready — officially certified by the competent authority and ready for immediate use
The file is submitted to the competent authority on the same day documents are received. The final issuance date depends on the session schedule set by the court — something outside our control, but we follow up actively until the document is issued.
📋 Issue Your Custody Declaration — File Submitted Same Day
All UAE emirates · Fully online · Active follow-up until document is issued
Send us your documents for a free initial review — no obligation.
Common Mistakes to Avoid
- Submitting to the wrong authority — always confirm your emirate of residence before starting
- Unclear document copies — blurry or cropped images are rejected and require resubmission
- Missing the official custody document — a court judgement or notarised agreement is required if the entitled party cannot attend
- Witnesses who do not meet the requirements — both witnesses must be male and Muslim
- Failing to coordinate all parties in advance — any party’s failure to attend the video session delays the court appointment
- Confusing the custody judgement with the custody declaration — the judgement grants custody rights; the declaration proves those rights are actively exercised
How Can Private Notary Dubai Help?
The Private Notary Dubai team assists clients from all UAE emirates in preparing and submitting custody declaration files to the competent judicial authorities — with full respect for the sensitivity and privacy that these cases demand.
- Identifying the competent authority based on your emirate of residence
- Reviewing your documents before starting to confirm completeness
- Preparing and submitting the file on the same day documents are received
- Coordinating video calls with all required parties
- Following up with the authority until the final document is issued
Important Notes
- The information in this article is general and does not constitute legal advice
- Requirements may vary based on the competent authority and individual circumstances
- The final issuance date depends on the court’s session schedule and is beyond our control
- Additional documents may be required beyond those listed here
- Reviewing documents before submission prevents delays
Frequently Asked Questions
What is a custody declaration in the UAE?
It is an official personal status document in which the custodian formally declares before the competent judicial authority that the child or children are physically in their care and under their actual custody.
What is the difference between a custody judgement and a custody declaration?
A custody judgement is the court’s decision granting custody to one party. A custody declaration is a document that proves custody is actively being exercised — that the child is physically present with the custodian.
Can the process be completed remotely?
Yes. All procedures can be completed online, including the attendance of all parties and witnesses via video call.
Does the custody declaration have an expiry date?
No. The document has no expiry date and remains valid indefinitely unless the requesting authority asks for a more recent version.
What are the witness requirements?
Both witnesses must be male and Muslim. Attendance via notarised video call is accepted.
How long does it take to issue the declaration?
The file is submitted on the same day documents are received. The final issuance date depends on the session schedule set by the competent judicial authority.
Licensed notaries in the UAE specialising in personal status documents. We assist clients from all seven emirates in preparing and submitting custody declarations — handling every case with the care and discretion it deserves.
Final Word
A custody declaration is a vital document that reinforces your legal standing as a custodian before official authorities. Knowing the right issuing body for your emirate, preparing the correct documents, and coordinating all parties in advance are the three factors that determine how quickly the process is completed.
If you are unsure whether your case requires a custody declaration, a child travel consent, a residency declaration, or another personal status declaration, send us your documents for an initial review and we will guide you to the appropriate next step.
💬 Send Your Documents for Review
Abdul Hamid is a legal consultant with extensive experience in providing legal advice in the United Arab Emirates. His expertise focuses on legal drafting, resolving commercial disputes, and drafting and reviewing corporate and employment contracts.