Question: I have the legal right to claim custody of my son. I heard that I need to submit details of the woman who will take care of my child along with my custody claim. I have recently remarried and wondered if I can use the name of my new wife as the woman who will take care of my child after I win custody?
Answer: As per Article 144 of the Personal Status law of the UAE, you have the right to use the name of your second wife as the woman who will take care of your child to claim custody. Although the above fact is not expressly stated in the article, it is detailed in official accompanying law notes. It is also worth keeping in mind that the woman you mention in your custody claim could be a sister, mother or a paid caretaker.
Question: My estranged wife acquired a serious infectious disease after she got custody of our child through a court order. I am concerned that the child might be infected with this disease. Can I claim custody based on this concern, to protect my child's safety?
Answer: Definitely. As per Article 144 of the UAE Federal Law No28 of 2005, referred to as Personal Status Law, you have the right to claim custody of your child on the basis of the above circumstances by applying to the court. If the court is convinced that the health of your estranged wife poses a risk to the child, you have a good chance of getting a favourable custody court order.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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