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Publications / Family Law - Court Proceedings

  1. Publications
  2. Family Law
  3. Court Proceedings

  • Abu Dhabi court rules salary no bar to divorce payout claim

    family law

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    July 01, 2026

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    8305 views

    The Abu Dhabi Court of Cassation has ruled that a spouse's independent income or financial assets do not automatically prevent them from receiving post-divorce financial compensation. The judgment confirms that courts must assess the overall financial circumstances of both parties, including the duration of the marriage, financial obligations, and any disparity in living standards, rather than relying solely on whether one spouse earns a salary.


  • UAE issues new rules on underage marriage approvals

    family law

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    April 05, 2026

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    1916 views

    The UAE has introduced stricter regulations on underage marriage, requiring enhanced court approval, detailed assessments, and a higher evidentiary threshold to ensure the protection and best interests of minors.


  • New law for non-Muslim foreigners will come as a relief to many

    family law

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    December 09, 2022

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    13239 views

    The new law gives women equal rights to file a divorce, as well as in terms of inheritance, value of testimony, and regarding custody of children - Dr. Hassan said. He added that either of or both the parties can file for divorce without having to justify the reason or blame the opposite party for the same, and the children will have a right to choose regarding custody after a certain age. Alimony is to be calculated keeping in mind certain factors, e.g. financial status of parties, years of marriage etc. Dr. Hassan lauded the law, as it comes as a step towards assuring tolerance and inclusion for the large number of non-Muslim expats living in the UAE.


  • Adultery has been regulated under UAE law – all you need to know!

    family law

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    December 09, 2021

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    8331 views

    Sex outside of marriage was recently decriminalized in the UAE, but adultery has been regulated


  • What you need to know about revolutionary changes in Abu Dhabi's Family Law

    family law

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    November 27, 2021

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    3528 views

    Women will have a raft of new legal rights that did not exist before with the passing of a new secular law by the UAE’s capital emirate Abu Dhabi – changes legal consultant Hassan Elhais describes as ‘revolutionary’ in a Reuters article on the new law. The changes will introduce the civil marriage, no-fault divorce and joint child custody into the country for the first time and may see Dubai follow suit. It will also help legal recognition of UAE judgments in European jurisdictions, as Mr Elhais explains. The law is expected to come into force in December 2021.


  • I'm married but don't have a certificate - what can I do from the UAE?

    family law

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    July 04, 2020

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    5830 views

    Many couples face various troubles living together in the UAE without a marriage certificate – even those who have been through a wedding ceremony. I was consulted by Gulf News over one such case, where a husband and wife struggled to get an apartment due to their lack of marriage certificate. Backdating a marriage certificate requires a case to be filed in the personal status courts for recognition of marriage. During this process, proof and testimony must be provided to establish a traditional marriage ceremony – or other – took place, including two male witnesses and proof of the exchange of a dowry or wedding ring. The process can be complicated so legal advice from the outset is advisable.


  • COVID-19 and marriage: how the pandemic is shaping family law

    family law

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    June 21, 2020

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    4147 views

    As the legal system reacts to COVID-19-era restrictions, procedures for family law matters – such as marriage, divorce and child visitation – have also changed, as I outline in a comprehensive article in UAE national newspaper Gulf News. In most cases, legal procedures, such as marriage ceremonies and certificate issuance, can now be done online, while the mandatory family counselling prior to divorce being granted, is done via phone calls. However, child visitation rights cannot be enforced by the courts due to the need to prioritise safety of the child, although such visits can be arranged mutually by both parents. There is some variation according to emirate.


  • My fiance and I had a baby, now he's in the UAE - can I get support?

    family law

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    March 01, 2020

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    4896 views

    I answer several reader questions in The National newspaper on laws around child maintenance, including one from a reader who is outside of the UAE and had a child outside of wedlock with her fiance. The couple did not marry and the man moved to the UAE and is no longer paying child support or responding to communication. I explain to the reader that it is not possible to make a claim through the local court system as UAE courts only recognize claims of children born within the bounds of marriage.


  • My son was born before we got married - is this legal in the UAE?

    family law

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    January 19, 2020

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    5611 views

    In my column in The National newspaper, I answer a concerned reader whose husband has recently been offered employment in the UAE and who wishes to move his family to the UAE – including a son who was born before the couple were married. I explain to the reader that while a child born before marriage serves as evidence of pre-marital sex, authorities would only deem this a crime if it took place within the UAE. I reassure the reader that now she is married, she and her family will have no issue moving to the UAE.


  • Domestic violence laws strengthened in the UAE for greater protection

    family law

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    December 25, 2019

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    5621 views

    I am quoted in an article in The National newspaper examining how the introduction of restraining orders and specific jail terms will give new leverage to police dealing with domestic violence cases. I explain the jail terms will act as a greater deterrent for anyone contemplating harassing or attacking a family member, and I also praise the introduction of restraining orders that will help combat harassment particularly of former spouses, citing a case where my client’s estranged husband was stalking her in her own building. Breaching a restraining order could result in a fine of up to Dh10,000 or three months in jail.


  • Children falling to their deaths could lead to prison for parents

    family law

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    December 12, 2019

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    4508 views

    After the two recent deaths of young children in the UAE, Dr. Hassan Elhais legal consultant in Dubai spoke about the legal responsibility incumbent on parents to protect their children in a Gulf News article. The same article outlines the parents in both cases had been questioned by police in relation to negligence – with a five-year-old girl falling nine storeys after she was left at home alone by her mother. Dr Elhais explains that under the UAE Child Protection Law parents have the obligation to ensure safety of their children at all costs. Those who fail to do so could face a Dh5000 fine, a prison term, or both.


  • UAE protects the victims of domestic violence

    family law

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    November 12, 2019

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    11911 views

    An ideal home is one which ensures psychological safety and security within 4 walls, yet not everyone is fortunate enough to experience belongingness with family. UAE post witnessing an immediate increase in cases of domestic violence issued a Family Protection Policy for undertaking measures of security, intervention and protection of all sorts of domestic violence, which indeed will strengthen the family ties and will spread awareness amongst victims of domestic abuse. A complaint can be raised against the abusive husband or partner before the nearest police station under Domestic Violence by providing relevant evidence such as doctor’s report, bodily injuries and other relevant documentation.


  • Can I find out if my fiance is married in her home country?

    family law

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    October 02, 2019

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    4243 views

    This week in my column in The National newspaper, I answer a reader who is preparing for marriage but suspects his bride-to-be may have been previously married – or may still be – and wants to know how he can reassure himself. I explain to the groom that women are required to declare their marital status, including if they are divorced or widowed, as part of the procedures of marriage outlined by UAE law. If she has previously been married she may be asked to provide a legal certificate proving that she is now divorced or widowed – and therefore entitled to remarry under UAE law.


  • Abandoned! What happens to children when their parents can't be found?

    family law

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    September 17, 2019

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    5386 views

    My legal opinion is quoted in a story from The National newspaper about a five-year-old boy who was found alone in Deira's Al Reef Mall and whose parents have not come forward to claim him after nine days. I explain the boy may be placed in a government or private social, educational or health institution, in accordance with UAE law, until his parents or guardians are located. At this point, they may face a prison sentence or fine of up to Dh5,000 on a charge of child endangerment. I explain that UAE law stipulates the government may step in where the legal guardian is not financially fit to look after a child.


  • I don't want my husband to take a second wife - can this be in our marriage contract?

    family law

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    August 26, 2019

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    7746 views

    This week in my column in The National newspaper, I answer a reader who is due to be married in a Muslim ceremony but who is concerned about the potential he may take another wife in the future and would like to know her legal position. I explain that while it is not possible to stop her husband-to-be from taking another three wives, as four wives are permitted under Sharia law, she is able to request a special condition – with the consent of her fiance - that would allow her to file for divorce in the event he chooses to marry another woman during their marriage.


  • My husband forced me on holiday and now won't let me return - help!

    family law

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    August 18, 2019

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    4254 views

    This week in my column in The National newspaper, I answer a reader who says her husband urged her to visit her family and now says he cannot pay for her return due to debt. The reader believes he is trying to avoid paying for her expenses. I advise the woman she has the right to return to the UAE and file a case against her husband, who has legal obligations to pay for her expenses such as food, clothing and accommodation. The woman is also eligible for up to three years of backdated expenses and can appeal to the court to have her husband cover her legal fees.


  • My wife wants to move to the UAE to live with me - can I stop her?

    family law

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    July 21, 2019

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    4437 views

    In my column this week in The National newspaper, I answer a reader who wants to know whether he can file a complaint against his wife. The man lives in the UAE but his wife lives in his home country with his parents; however he has discovered she has applied for a residency visa without his permission and he wishes to stop this from happening. I explain immigration laws govern the entry and exit of all foreign residents into the UAE and his wife may be granted a permit if she finds a valid sponsor without the need for her husband’s consent.


  • I helped the court find my husband, what next?

    family law

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    February 15, 2018

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    6758 views

    In my publication this week, I discussed about the necessity of proper summons service through guidance and publication regarding the matrimonial matters and failure to serve proper summons to the necessary parties of the case may jeopardize the entire proceedings.


  • What rights does a guardian have over the children?

    family law

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    January 10, 2018

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    7121 views

    In my publication, I discussed about the responsibilities of a guardian under the UAE laws. I also discussed about how a guardian can exercise his rights under the local laws as well as importance of a settlement agreement between parties.


  • Husband worried by wife's attempts to start fights

    family law

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    November 30, 2017

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    6847 views

    In my publication this week, I discussed about the court procedure for filing a criminal case regarding physical assault. I also discussed about a wife’s right to claim backdated expenses such as expenses for food, clothes, medical care etc.


  • My sister and I filed against my husband. Can I drop it?

    family law

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    November 28, 2017

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    7677 views

    In my publication this week, I discussed about the right of a victim to withdraw a criminal complaint. I also explained relevant provisions applicable for filing a case in the UAE.


  • My cheating husband won't let my son and I come to the UAE - help!

    family law

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    November 23, 2017

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    6660 views

    In my column this week in The National newspaper, I advise a woman who is currently out of the country with her son that she has the ability to get back to the country and live in her husband’s apartment despite what he tells her. I also explain that she can file a case for adultery against her husband, who has told her about his new girlfriend, if she has sufficient evidence. I also address the concerns of a non-resident Asian woman who is seeking an original copy of divorce documents from her husband, who is resident in the UAE.


  • Does my expatriate father's will apply in the UAE?

    family law

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    November 01, 2017

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    7360 views

    In my publication this week, I discussed about the application of foreign law in a local testate matter. I also discussed about application of foreign laws in a divorce matter where one of the parties may request the court to apply the law of their nationality.


  • Husband Files Complaint About Brother's Offensive Email

    family law

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    October 19, 2017

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    6167 views

    In my publication this week, I discussed about the legal process for withdrawing a criminal complaint in the UAE.


  • One Uncle Accepts Marriage Proposal, One Doesn't. What Can I do?

    family law

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    October 05, 2017

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    6033 views

    In my publication this week, I discussed about the process for requesting an Arab woman's uncle to represent her during marriage ceremony. I also discussed about wife's right to receive support or maintenance expenses from her husband.


  • How Long Must a Woman Wait to Remarry?

    family law

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    August 03, 2017

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    15164 views

    In my publication this week, I discussed about the applicable waiting period (iddat) for a divorced woman before re-marrying. I also discussed about a married Muslim woman’s right to visit her family after marriage, and the applicable course of action should her husband tries to restrict her for exercising her right.


  • Second Wife Feels Husband Does Not Treat Her as Well as First

    family law

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    July 20, 2017

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    13164 views

    In my publication this week, I discussed about the right of a second spouse to demand equal treatment from her husband. I also discussed about the potential action which may arise against the parents for the birth of their child to investigate if the child was conceived out of wedlock.


  • Can I Forbid My Wife From Working?

    family law

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    July 06, 2017

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    14953 views

    In this week's publication, I discussed about the right of a wife to continue working after marriage. In my second question, I informed that 'iddat' period cannot be waived ever after receiving spouse's consent.


  • Husband Has Sent Me Home so How Can I Retrieve What's Mine?

    family law

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    June 08, 2017

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    13744 views

    In my publication this week, I discussed about the possibility of filing a family case in Dubai to claim financial rights, even after the wife's visa has been cancelled by her estranged husband. I also discussed about mutual consent between parties to terminate the marriage.


  • Can I Sponsor My Ex-Wife?

    family law

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    April 13, 2017

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    14460 views

    In my publication this week, I discussed about the implication of divorce to the residency status of the sponsored wife. I also explained the procedures that the Guardian take in case there is a risk of his child being abducted and how the law gives the Guardian the right to give consent or put a travel ban.


  • If I Put a Travel Ban on My Son Can He Still Travel with Me?

    family law

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    April 06, 2017

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    16172 views

    In my publication this week, I explained the process of lifting the travel ban in UAE. I also explained the process involved for executing a financial judgment against the opposing party in the context of a family case.


  • Woman Aims to Secure Her Overseas Assets Before Marriage

    family law

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    March 02, 2017

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    12523 views

    In my newspaper publication this week, I discussed about available legal avenues for prenuptial and postnuptial agreements in the UAE.


  • Are Witness Statements Valid in Cases of Domestic Violence?

    family law

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    July 28, 2016

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    12603 views

    In my interview this week in The National newspaper, I explained the conditions upon which non eye witnesses may provide testimony regarding domestic abuse. I also explained the how a wife may file for divorce in case of prolonged absence of husband without any news.


  • I Fret About Going to Court Over Marriage

    family law

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    July 07, 2016

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    14078 views

    In my interview this week in The National newspaper I explained how to get a birth certificate, including the process and requirements. I also discussed the details regarding dowries in the instance where a husband refuses to pay the stipulated amount and whether this is considered grounds for divorce.


  • A 'Marriage' Not Recognised by Local Law

    family law

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    April 14, 2016

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    7879 views

    In my interview this week in The National newspaper, I explained what happens in the case where an ex-wife doesn't comply with a divorce agreement that she signed. I also discussed details regarding child support after a divorce in the case where the ex-husband is not the biological parent.


  • Why Was My Child Kidnapping Plea Against My Wife Dismissed?

    family law

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    March 24, 2016

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    6083 views

    In my interview this week in The National newspaper, I analyse why a child kidnapping case against an ex-wife was dismissed and if expats in the UAE can use their home country's divorce laws.


  • Can I Sign Government Documents on My Husband's Behalf?

    family law

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    March 03, 2016

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    7480 views

    In my interview this week in The National newspaper, I discussed the legal situation relating to a wife signing official governmental documents on her husband's behalf, as well as the situation a woman is in if her husband asks her to leave the marital home without providing her with any money.


  • Family Matters Q&A: What Do I Do When Called to the Family Guidance Committee?

    family law

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    February 18, 2016

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    6986 views

    In my interview this week in The National newspaper, I explained the details about the actions a person should take in the event he or she receives a notice from the court to attend the Dubai Family Guidance Committee and whether it's possible for your lawyer to attend on your behalf.


  • Can I Call Parents or Children as Witnesses in a Family Case?

    family law

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    February 11, 2016

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    6686 views

    In my interview this week in The National newspaper, I addressed what happens if your parents and children are eligible witnesses in a family hearing, if your lawyer can train your witnesses and then subsequently represent them at the family court, and the reason why a family case my be sent back to the Court of Appeal from the...


  • Clear and Impartial Picture Required from Witnesses

    family law

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    January 28, 2016

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    6678 views

    In my interview this week in The National newspaper, I explained the details about the processes that must be undertaken by a party during a family case if a judge requests to hear from witnesses or refers the case to mediators.


  • What Kind of Correspondences Can Be Accepted as Evidence in Court?

    family law

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    January 21, 2016

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    7736 views

    In my interview this week in The National newspaper I explained the types of correspondence that are admissible evidence in cases in the Family Court and whether a party to a family dispute can draft a settlement agreement.


  • Laws That Govern Family-Related Affairs

    family law

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    January 14, 2016

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    6029 views

    In my interview this week in The National newspaper, I explained the laws governing family matters, including: possession, ownership, rights over property and concepts of domicile and habitual residence in relation to cases involving divorce, finances and children.


  • What Is the Function of the Family Guidance Committee?

    family law

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    December 17, 2015

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    8184 views

    In my interview last week in The National newspaper, I explained the role of the country's Family Guidance Committee, the situations in which they get involved, the conditions in the committee meetings, and what happens in the instance one party refuses to attend.


  • Accused Kidnap Mum Confident She and Toddler Will Stay in Dubai

    family law

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    October 08, 2011

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    6499 views

    The below article is coverage by The National newspaper of a high-profile case advocated by Dr. Hassan Elhais, in which Dr. Elhais successfully enabled a woman to remain in the UAE after she had been accused of kidnapping her daughter from the US, after the breakdown of her marriage:


Total Publications: 44

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