الإصدارات / قانون الأسرة


family law

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February 16, 2017


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Can I Claim Custody of Children Three Years After Wife Remarried?

Question: I am an Asian man whose ex-wife has been married to someone else for more than 3 years. I did not file a claim for custody of our children on these grounds even though I knew she had remarried. Can I still claim custody of my children even though three years have passed?

Answer: Unfortunately, according to Article No 152/3 of the UAE Family Law No 28 of 2005, you are meant to claim custody within 6 months from the date of your former wife's remarriage. Especially as you had knowledge of her marriage and if you cannot provide a valid reason for not bringing the claim earlier, there is a good chance that the court will determine that you no longer have the right to file a custody claim.

Question: I am an Asian woman who is married to a man from my home country. We have a lot of fights and problems and, unfortunately, I have found out I am pregnant with his child. Under these circumstances, am I legally allowed to abort the child?

Answer: It is unfortunate that your marriage is not going well but it does not give you an excuse to abort a child. If you did that you would be in breach of UAE link.

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