family law


January 03, 2018



| Your comment matters, please click here to rate article!

Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
How to appoint a lawyer

Can our children stand as witnesses in a custody battle?

Question: I have custody of my children who are now 15 and 18-years-old. My ex-husband is refusing to financially support our children, saying that they are older than the required age of 11 for boys and 13 for girls and I must bear the burden myself. Is that correct?

Answer: Under UAE Law, the maintenance and financial liability of the children rests with the father. This includes their living, food, housing, education and all their needs. If the mother retains custody of the child between the ages of 11 or 13 up to 21 years of age, the father shall be liable to pay child maintenance for that additional period of time, which could be up to 10 more years, without the complete information from the mother on where the money is spent. This means that your husband is still legally obligated, under the laws of the UAE to provide financially for his children, despite you retaining the custody. Girls should be maintained by the father until their marriage and boys till they reach an age where their peers are earning reasonable money to support themselves.

Question: I want custody of one of my children as I think my wife will not be able to care for the child. I want to prove this in court by producing my other children as witnesses. Will that ensure the outcome goes my way?

Answer: Witnesses are accepted by the court as valid contributors of evidence. The witnesses testify to the reasons of the conflict between the parties. They can give as much of a detailed account of the relationship between the husband and wife as possible. This could include any instances of physical harm or abuse, verbal abuse, disrespect, the parenting skills of either party, and any account of expenses being paid or not paid by one party to the other. The parenting skills testimony is required by the court to evaluate the best interest of the child while addressing the question of custody. The witnesses are required to take their emirates ID or passport along and should be at least 21 years old. Family members can be witnesses as well, however, parents of the parties, and the children cannot. This rule goes back to the impartiality of witnesses since it is unlikely that parents can be impartial witnesses in their children's matters. The courts do not allow the children of the couple to be produced as witnesses since they can by influenced and have a negative impact on them. Hence, you should try and support your claim through witnesses other than your children and your parents.

Related Links


No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.

Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me

I Agree to Terms and Conditions
Please check this box if you want to proceed.

Main Menu