Joint Custody And Consent? UAE Court May Pass New Ruling On Posting Child's Photo Online

Sharing photos and videos of children on social media has become second nature for many parents from documenting milestones to creating content, the online presence of minors is growing rapidly.

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“What makes this application particularly unusual is that the applicant is not seeking a variation of custody or an attack on the other parental role,” explained Byron James,the lawyer with conduct of the case.“It seeks a structured framework governing the public dissemination of the children's images and identities online in circumstances where the UAE now has a sophisticated statutory framework dealing specifically with child digital safety, privacy, and exploitation.”

Under UAE law, joint custody exists because significant decisions affecting a child's welfare such as education, medical treatment, and travel are deemed too important to be made by one parent alone.

The core argument of this case is that creating a permanent public digital footprint should be treated with the same level of gravity.“A public digital profile engages privacy rights, personal data protection, dignity, psychological welfare, reputation, and future autonomy in ways that are enduring and, in many respects, irreversible,” Byron noted.

He added:“We say that the creation of a permanent public digital identity now belongs within the same category because a child cannot meaningfully understand or consent to the long-term consequences of digital dissemination.”

Legal Consultant Mohammed Saleh Al Maysari, General Manager of Al Azm Legal Consultancy, emphasised that UAE legislation consistently places the child's protection and privacy above all else. He pointed out that a child is an individual with independent rights, guaranteed protection from any action that might cause psychological or social harm.

Al Maysari clarified that neither parent possesses an absolute right to publish their children's photos or videos on social media without constraints. The guiding principle for judicial authorities remains the“best interest of the child.” While every day, non-exploitative posting may be socially acceptable, using children as leverage in family disputes or exposing them to potential harm requires legal intervention.

“The danger of electronic publication of children lies in the fact that photos and clips may remain in circulation for long periods and may be used or republished in ways that harm children in the future,” Al Maysari said.

Such content, he added, could expose children to bullying, embarrassment, or reputational damage, particularly when private family moments are broadcast publicly.

According to Bryon, if the court determines that joint parental consent is necessary before children are publicly featured online, it would mark a significant step in recognising a child's digital identity as a protected legal interest.

He noted that such a decision would likely influence future co-parenting agreements, encouraging parents to establish clear rules regarding social media use, digital accounts, and online privacy protections for their children.

“More broadly, such a decision would position the UAE at the forefront of an emerging global legal conversation about children's digital rights and the extent to which the law should protect children from irreversible online exposure before they are old enough to decide such matters for themselves,” Bryons said.

As the digital landscape continues to evolve, this case highlights a growing awareness that a child's right to privacy must be carefully balanced against the modern urge to share life online.

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