United Arab Emirates: UAE Family Matters Q&A: You Have Right To Ask For Visitation

Last Updated: 31 August 2016
Article by Hassan Elhais

Question: I am a non-Muslim European whose wife has filed for divorce and for custody of our children, who are with her. I have filed a visitation case against her. The judge has decided to join the custody case and visitation case to be heard in same hearings since both are related to same issue. Now my wife is delaying the custody case, which is prolonging my visitation court order to see my children. What can I do?

Answer: Article 135 of UAE Federal Law No?28 of 2005, the Personal Status Law, provides that you have the right to request from the judge an urgent visitation order on an interim basis, which will allow you to see your children at least once a week until a final judgment is issued.

Question: I am a non-Muslim European expatriate who has been living in the UAE for 10 years. I have a dispute with my husband and have filed for divorce, custody of our children and financial support. I won my case in the Court of First Instance. He then lodged an appeal at the Court of Appeal, which I also won. However, the amount I have been awarded does not cover my needs. Can I make another claim to increase this amount?

Answer: Yes, you may make a new claim to increase the amount. However, you will not be able to do so immediately. As per Article 64 of the UAE Federal Law No?28 of 2005 you will not be able to file a new case to increase the maintenance amount before one year has passed from the date of the last judgment.

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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