Sole Guardian Affidavit for United Arab Emirates

Sole Guardian Affidavit Template for United Arab Emirates

A Sole Guardian Affidavit is a formal legal document used in the United Arab Emirates to declare and establish sole guardianship over a minor child. The document is prepared in accordance with UAE Federal Law No. 28 of 2005 (Personal Status Law) and Federal Law No. 3 of 2016 (Child Rights Law), incorporating Islamic Shariah principles. It contains detailed declarations about the guardian's relationship to the child, circumstances necessitating sole guardianship, and evidence of capability to assume full guardianship responsibilities. The document requires proper notarization and must be submitted to relevant UAE authorities for official recognition.

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What is a Sole Guardian Affidavit?

A Sole Guardian Affidavit is a crucial legal instrument in the United Arab Emirates' family law framework, used when an individual needs to establish exclusive guardianship rights over a minor child. This document becomes necessary in situations such as the death of one parent, abandonment, legal incapacity of the other guardian, or when sole guardianship serves the child's best interests. The affidavit must comply with UAE Federal Laws, particularly the Personal Status Law and Child Rights Law, while adhering to Islamic Shariah principles. It requires comprehensive documentation of the guardian's capability, financial stability, and the circumstances justifying sole guardianship. The document serves as a formal declaration before UAE authorities and can be used in legal proceedings, school registrations, medical decisions, and travel authorizations.

What sections should be included in a Sole Guardian Affidavit?

1. Opening Statement: Formal opening declaring this as an affidavit, including date and jurisdiction

2. Declarant Information: Full legal name, Emirates ID, nationality, and contact details of the person seeking sole guardianship

3. Child Information: Full details of the child including name, date of birth, nationality, and current residence

4. Relationship Declaration: Statement of the declarant's relationship to the child and current guardianship status

5. Circumstances: Detailed explanation of the circumstances necessitating sole guardianship

6. Capacity Declaration: Declaration of the declarant's capacity and capability to act as sole guardian

7. Financial Responsibility: Declaration of ability and commitment to financially support the child

8. Best Interests Statement: Declaration explaining how sole guardianship serves the child's best interests

9. Relief Sought: Specific statement of the guardianship rights being requested

10. Declaration of Truth: Formal statement affirming all information provided is true and accurate

11. Execution Block: Space for signature, date, and notarization

What sections are optional to include in a Sole Guardian Affidavit?

1. Other Parent Status: Required when other parent is deceased, absent, or has abandoned the child - includes details of attempts to locate or last known whereabouts

2. Medical Considerations: Required when the child has specific medical needs that impact guardianship arrangements

3. Educational Provisions: Required when specific educational decisions or arrangements need to be addressed

4. Religious Upbringing: Required when religious considerations are relevant to the guardianship arrangement

5. Travel Authorization: Required when seeking authority to make international travel decisions for the child

6. Previous Court Orders: Required when there are existing court orders relating to the child's custody or guardianship

What schedules should be included in a Sole Guardian Affidavit?

1. Schedule A - Identity Documents: Copies of Emirates ID, passport, and visa status for declarant and child

2. Schedule B - Birth Certificate: Copy of child's birth certificate

3. Schedule C - Death Certificate: Copy of other parent's death certificate (if applicable)

4. Schedule D - Marriage/Divorce Certificate: Copies of relevant marriage or divorce certificates

5. Schedule E - Financial Documentation: Proof of income, employment, and financial stability

6. Schedule F - Supporting Affidavits: Additional affidavits from family members, teachers, or other relevant parties

7. Schedule G - Medical Reports: Any relevant medical reports or assessments (if applicable)

8. Schedule H - Police Reports: Police reports or documentation of attempts to locate absent parent (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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