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Child custody in UAE and its wider dimensions are one of the most challenging aspects of divorce proceedings. UAE laws on child custody and related rights are best understood to focus on the sole objective of ensuring and protecting the well-being of the child. Another unique aspect of UAE custody law is the concept of ‘guardians’ and ‘custodians’. Wherein the father of the child is assigned the role of ‘guardian’ and the mother of the child is assigned the role of a ‘custodian’ by law. A guardian is responsible for providing financial support to the child, while the custodian is responsible for physical custody and care.
Despite the unique position that UAE law confers on parents, you may have the right to request and challenge the custody of the other parent. It is also the right of parents to make requests for valid visitation rights and control the factors that may lead to parental abduction of the child. The UAE courts also allow for expats to apply their home country laws if certain conditions are met. Child Custody Lawyers in UAE and law firms are best placed to advise you on the legality and strategic benefits of the accurate choice of law. Always choose expert law firms who specialize in custodial law, as these legal firms would be best placed to provide you with strategic advice. An expert Child Custody Lawyer in Abu Dhabi is adept at handling the most complex and sensitive custody cases related to child abduction or abuse before the Abu Dhabi courts. Always contact the specialized legal firms and seek advice only from the most reputed law firms. Legal firms specializing in child custody in UAE such as professional lawyer is best suited to handle such sensitive and crucial personal law matters. Such expert legal firms can provide you with the best emirate focused expert legal advice in tune with your requirements.
For instance, specialized law firms can advise you on the strategical advantages you may gain under the new decree-law on ‘Personal status for non-Muslims in the emirate of Abu Dhabi has been enacted regulating personal status matters for non-Muslims in the emirate of Abu Dhabi. Similar to western procedures, the new decree now allows parents to retain ‘joint custody of children’ after divorce. It applies to any non-muslim foreigner, whether it be a male or female, who has his or her domicile, or place of residence or place of work in the emirate of Abu Dhabi and thus comes under the direct jurisdiction of the Abu Dhabi courts. Pursuant to the new changes, both parents, the father and the mother, can share custody equally between them and will thus have joint and equal rights as parents in exercising their role in raising and caring for their children after divorce. The new decree thus aims to protect the psychological and emotional wellbeing of children by allowing a legal structure crucial for their wellbeing. Within the ‘joint custody structure’, the children are less deprived of either of the parents due to divorce. Unilateral divorces are also now allowed before the Abu Dhabi Courts, wherein ‘unilateral divorce’ will be granted by the Abu Dhabi courts if either spouse expresses in court his or her desire to separate and terminate the marriage, without any need to justify their reason or to demonstrate harm or to put the blame on the other party. The new changes have also removed the previous mandatory conditions for mediation and now parties can directly approach the Abu Dhabi courts for dispute resolution, as opposed to the previous procedures that required mediation to be completed and only upon obtaining a NOC could the parties approach the Abu Dhabi courts for litigation.
Child custody lawyers in UAE and law firms that specialize in custody cases and can provide you with the strategic and honest legal advice on your best chances in a given case. Taking the right legal opinion from expert legal firms early in the case often makes all the difference. Further, it should be understood that not all legal firms have the specialized expertise in handling matters concerning child custody in UAE. Further, matters concerning personal status law often have complicated applicability of international laws at times, especially concerning expats and hence it is highly critical to approach law firms specializing in child custody matters, such as professional lawyer, who have a diverse expat clientele and have handled complex cases involving conflict of laws.
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