الإصدارات / قانون الأسرة

family law


December 08, 2016

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Wife Defies Court Order by not Allowing Me to See Child

Question: I am an Asian man who recently received finalised divorce papers from the court and I have been granted visitation rights to my only child, who is 6 years old. However, over the past two months, my now ex-wife has been preventing me from seeing my child on weekends, in defiance of the court order. What are my rights in this situation?

Answer: In cases where the custodian refuses to follow the court order and does not let the guardian see the child repeatedly or as per the court order the guardian has the right to file a custody case in accordance with Article 24/2 of the Executive Decision No 1150 of 2010. Breaching visitation court orders could lead to the mother losing custody of the child.

Question: My husband was recently diagnosed as clinically depressed. As a result, he is not a loving father to our children and he does not morally or emotionally support me in my life's endeavours. I genuinely believe his condition is due to a reliance on prescription drugs. What is my best course of action in this scenario?

Answer: I would suggest that you try to get your husband to seek further help and confess to his reliance on drugs. The newly introduced Federal Law No 8 of 2016, in Article 43 (1), states that if a doctor, or wife/secondary relative of a drug abuser brings the person to the police/public prosecution/addiction centre and asks for treatment, the addict will not face any criminal charges. In such cases they will be treated and released upon full recovery. However, it should be noted that the law stipulates that the treatment should be completed within two years and the addict needs to strictly follow the rules at the rehabilitation centre. If they break the rules then they may end up being charged in court.

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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