Question: I am a divorced and have been granted custody of my children by Dubai courts. My eldest son is 15 and his father now wants to claim custody of him. Can I challenge this on the grounds that my son wants to stay with me?
Answer: The court may review the father's custody claim in light of the best interest of the child and provide its decision on the custody of the child. The mother has the right to challenge the father's custody claim and ask the court to extend her custody. As per Article 156 of the UAE Personal Status Law, the court may, if it deems appropriate in the best interest of the child, extend the mother's custody of the boy child until he reaches maturity. Furthermore, the court could also appoint an expert in child psychology to meet the child and prepare a report to be submitted to the court, which could be used in assessing the best interest of the child.
Question: My ex-husband and I divorced two years ago. We have a four-year-old son and we agreed that he would visit him twice a week. Although there was no agreement on child support, he occasionally paid Dh1,000 per month towards child maintenance. His monthly salary is more than Dh30,000 and he spends it on himself while I struggle to make ends meet bearing all the expenses for our child. Moreover, my son has told me his father was abusive towards him during one of his visits, which affected my son psychologically.
Answer:
The father is the guardian of the child and he is obliged to provide maintenance to the child, such as schooling, groceries, accommodation, maid and related expenses. You may file a case against him to claim child maintenance support from him. Moreover, you may also request the court to allow you to supervise the child when he is exercising his visitation rights. To discuss about how to register your maintenance case and additional request to the court, you may need to consult a lawyer practising family law.
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.
Can I appeal judge decision to
overturn custody that was granted
to my husband because he went to
his home country to settle
Laila mahkdoom
2022-06-20
In
custody matters, the court will
look into the best interest of the
child. When a judgement is issued,
it is rendered based on the
circumstances at that point in
time. However, if the circumstances
change, then either party may
approach the court to revisit the
judgement based on the
contemporaneous situation.
Therefore, it is advisable to
consult a lawyer who will be better
placed to guide you on your
position, and advise you on how to
proceed accordingly.
If you would like to schedule an
appointment, please feel free to
revert to us.
Dr.
Hassan Elhais
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