Most Read Contributor in United Arab Emirates, March 2017
Question: I am an Arab woman who remarried after a
divorce some time ago. When my former husband learnt of my new
husband, he filed a custody claim for our child and won the case on
the grounds that I had lost my rights to custody by remarrying. Is
there any chance that I or any of my family members may reclaim
custody rights of my son in the future?
Answer: As stated in the UAE Personal Status Law, the following
two possible situations may be applicable in future:
1) Your mother can make a custody claim if the father of the
child has become unfit to be a custodian in the eyes of the law.
Articles 143 and 144 of the personal status law lay down the
conditions that would render someone unfit to be a custodian. They
include not being rational and honest, being sent to prison, not
being able to bring the child up and having an infectious disease.
It needs to be noted that if your mother is making a claim, she
cannot be living in the same house as you.
2) The second scenario is if you were to become divorced in the
future, you would then have the right to file a custody claim
against your ex-husband. However, it needs to be noted that such a
claim can be initiated only after completing the three-month Iddat,
or waiting, period, only after which the divorce becomes
Question: I am a European Christian woman and am
planning to marry an Arab man. However, I do not want to change my
religion or my family name after the marriage. I heard that this
will affect my financial rights. Can you advise?
Answer: In accordance with Article 55 and 66 of UAE Federal Law
No?28 of 2005 you have the right to maintain/retain your family
name after marriage. You are also entitled to financial support
from your husband even if you are from a different religion. That
right will remain as long as you are staying with your husband in
the same place, or if you did not object to staying with him.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In accordance with Article 149, 'the custodian may not take the child for travel outside the state without the written consent of the guardian. If the guardian does not approve, the matter shall be referred to the judge.'
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