Most Read Contributor in United Arab Emirates, January 2017
Question: I live outside the UAE in an Asian
country and I have a six-month-old daughter. I wondered if I can
bring her with me to the UAE and stay here without obtaining her
Answer: If you were to separate your child from
her mother at this age it would be considered an illegal act in the
UAE. This is because a child of such a young age should be under
their mother's custody, in accordance with UAE law. The mother
would be able to file for an urgent court order to get her daughter
back and the court would most likely grant such a request. In
addition, she could also apply for a custody court order. Once she
has obtained the custody court order she could then file a criminal
case against you for child abduction, which would be permissible
under Article 329 of Federal Law No 3 of 1987, the Penal Code.
Question: I am an Asian woman who has caught my
husband with another woman many times. I want to get a divorce and
get custody of our children. What should I do?
Answer: In general, the mother of children gets
custody rights until a boy turns 11 and a girl turns 13. So if your
children are under these age thresholds, you would have a strong
chance of getting custody by filing for divorce and then a custody
case. It is also important to note that the judge can use his
discretionary powers to grant you custody of the children even if
your children are older than the ages mentioned above. If you were
able to prove that your husband had committed adultery, you would
get custody of your children regardless of their age, in accordance
with Article 143 of Federal Law No 28 of 2005, the Personal Status
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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Question: My husband is planning to divorce me on a very petty issue. Do you think Dubai Courts would allow a divorce on these grounds, even though it's a matter that could have been resolved between us?
Chief justice and Bar Association have endorsed legislative proposal that would clarify outdated and confused concepts such as child custody, care and control, but government inertia may hold up its enactment
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