Back to articles
Divorce

Divorce and Guardianship (Wisaya): Who Holds Decision-Making Power?

Published on 01-30-2026

Guardianship (wisaya) means legal supervision over the child's affairs such as education, travel, medical treatment, and managing finances. It differs from custody (hadana), which relates to daily care. Guardianship often remains with the father under UAE law, unless there are strong reasons to transfer it. The court verifies the child's best interest before any decision.

1) **Meaning of Guardianship After Divorce**

Guardianship (wisaya) means legal supervision over the child's affairs such as education, travel, medical treatment, and managing finances. It differs from custody (hadana), which relates to daily care. Guardianship often remains with the father under UAE law, unless there are strong reasons to transfer it. The court verifies the child's best interest before any decision.

2) **Difference Between Custody and Guardianship**

Custody means daily care for the child, while guardianship means making crucial decisions. The mother may have custody, and the father may have guardianship at the same time. The court verifies each party's ability to perform their role. This separation is important for distributing responsibilities.

3) **Transfer of Guardianship After Divorce**

Guardianship may be transferred to the mother if the father is unable to make decisions or poses a risk to the child. The court verifies the evidence before ruling. Guardianship may be assigned to a relative if circumstances warrant it. The criterion of "the child's best interest" remains the foundation.

4) **Decisions Included in Guardianship**

Guardianship includes decisions regarding education, medical treatment, travel, and managing the child's finances. The court monitors the guardian's commitment. It may oblige the guardian to inform the other party of important decisions. This role is a significant responsibility.

5) **Effect of Guardianship on the Child**

Guardianship ensures the protection of the child's legal interests. The court verifies that the guardian makes decisions in the child's best interest. Guardianship may be revoked if misused. The child remains the priority.

6) **Role of the Legal Consultant**

The legal consultant helps determine the appropriate type of guardianship. He also submits evidence to the court. He ensures the protection of the child's rights. He provides a legal plan to expedite the ruling.

**(Message to the Reader)**

Guardianship is not authority... but a legal responsibility to protect the child's future.

Shazmlc
Call · WhatsApp · Email
EO
Executive Office
+971 52 120 8884
BAD
Business Affairs Division
+971 52 120 8886
EC
Executive Coordination
+971 52 120 8889
GO
General Operations
+971 52 211 1790
PA
Private Accounts
+971 52 134 9888
CLC
Chief Legal Counsel
+971 52 136 9888
CCM
Critical Cases Management
+971 52 211 1590
AC
Audit & Compliance
+971 52 211 1650
SP
Sovereign Partnerships
+971 52 211 1980
SC
Sovereign Communications
+971 52 140 3888
CC
Corporate Communications
+971 52 139 2888
CEO
Chief Executive Officer
ceo@shazmlc.com
CPR
Chief Public Relations Officer
pr@shazmlc.com
SVA
Senior VIP Advisor
vipadvisor@shazmlc.com
DBA
Director of Business Affairs
business.manager@shazmlc.com
CEA
Chief Executive Affairs Officer
executive.affairs@shazmlc.com
EXC
Executive Committee
exco@shazmlc.com
COO
Chief Operations Officer
operations@shazmlc.com
CSD
Corporate Sales Director
co.sales@shazmlc.com
GC
General Legal Counsel
legal.director@shazmlc.com
CRO
Chief Risk Officer
ezzedeenwael@gmail.com
ACA
Audit & Compliance Advisor
legal.researcher@shazmlc.com