Question: I have the legal right to claim custody of my son. I heard that I need to submit details of the woman who will take care of my child along with my custody claim. I have recently remarried and wondered if I can use the name of my new wife as the woman who will take care of my child after I win custody?
Answer: As per Article 144 of the Personal Status law of the UAE, you have the right to use the name of your second wife as the woman who will take care of your child to claim custody. Although the above fact is not expressly stated in the article, it is detailed in official accompanying law notes. It is also worth keeping in mind that the woman you mention in your custody claim could be a sister, mother or a paid caretaker.
Question: My estranged wife acquired a serious infectious disease after she got custody of our child through a court order. I am concerned that the child might be infected with this disease. Can I claim custody based on this concern, to protect my child's safety?
Answer: Definitely. As per Article 144 of the UAE Federal Law No28 of 2005, referred to as Personal Status Law, you have the right to claim custody of your child on the basis of the above circumstances by applying to the court. If the court is convinced that the health of your estranged wife poses a risk to the child, you have a good chance of getting a favourable custody court order.
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.
Dr. Hassan Elhais publishes analysis of UAE family law matters, including child custody, parental responsibilities and arrangements affecting children. For readers researching a child custody lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
Comments
Article 144 religion mater also can
loss mother coustudy?
Yergalem
2021-01-10
We
understand that your query is
concerning Article 144 of the
Federal Law No. (28) of 2005 on
Personal Status. Pursuant to the
same, if the mother is of a
different religion than the child
who is a muslim, then the court may
take the same into consideration
while deciding on custody. However,
the court has certain
discretionary power to take the
decision in the best interest of
the child after considering the age
of the child.
Please feel free to contact us if
you need to schedule a meeting
consultation with one of our
lawyers. Dr.
Hassan Elhais
Leave a Comment
Your email address will not be published. Required fields are marked *
I had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere. View testimonial
Abdullah Client
Verified
His unwavering dedication to his clients, willingness to tackle challenging cases, and belief in the fundamental principles of justice highlight his role as both a guardian and advocate. Dr. Hassan's integrity stands as a testament to his professionalism. Additionally, his foresight and meticulous case preparation, anticipating courtroom dynamics and opposition strategies, not only secure victories but also garner the respect of clients and peers alike. View testimonial
Salam Amir Client
Verified
Dr. Hassan is brilliant. I have been working with him for more than 15 years. His work product and legal advice are of the highest caliber. Competent. Professional. Knowledgeable. Analytical and strategic thinker. Honest. Without exaggerating, Dr. Hassan is the best family litigator in the UAE. Highly recommend.
Abed Awad Client
Verified
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
Verified
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
Verified
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 CEO, EDS FZE
Verified
Best lawyer in Dubai.
Aigul Beishembieva Client
Verified
Happy with the team of Mr. Hassan Elhais. Knowledgeable on UAE laws and i got the advice i was looking for. Highly recommended!
Mukesh Pandey Client
Verified
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
Verified
Their team of attorneys are not only highly knowledgeable and professional but also incredibly attentive to the needs of the client. They will provide you with a top-notch service every step of the way. The staffs are friendly, responsive, and always kept you informed about the progress of your case. I highly recommend this for anyone in need of legal assistance.
May Ann Adrias Client
Verified
...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
Verified
We are extremely happy to note that you won all three cases which we entrusted to you. Your superb handling ensured the result in our favour. We very much appreciate this and feel grateful to you. You not only won the cases, but managed to get the judgement executed without much delay..View testimonial
Chandru Malkani Client
Verified
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 Client
Verified
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 Client
Verified
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
Verified
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
British Client
Verified
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Asma Mattar Manager, Italian Style
Verified
Knowing Dr. Hassan for years now, I can say confidently he is the most trustworthy person I ever met, not only because he is very knowledgeable, smart and has a very high acumen, but also he is very dedicated and buying his clients and interest first..View testimonial
Ahmed Higazy Client
Verified
I have had nothing but exceptional work from Dr. Hassan, all my family and business related legal work goes to him. Having been in and out of Dubai since 2004 and having wasted money on bad legal advice elsewhere, I feel VERY qualified to say that he is absolutely the best in the UAE. Thank you Hassan.
Rich Firth Client
Verified
Dr. Hassan is the best lawyer in UAE I have dealt with, he is very professional and has consistently upheld the highest standards of professional ethics, ensuring that my best interests were always at the forefront. I wholeheartedly recommend Dr. Hassan to anyone..View testimonial
Hossam ElDeeb Client
Verified
Ex UK Senior management now running a busy business in Dubai that requires bulletproof corporate legal contracts that are customised to our unique needs. This includes everything from HR contracts to complex sales agreements. Dr. Hassan has undoubtedly proven to be the best legal expert we have encountered here..View testimonial
Please feel free to contact us if you need to schedule a meeting consultation with one of our lawyers. Dr. Hassan Elhais