Most Read Contributor in United Arab Emirates, January 2017
Question: I am an Asian man who recently
received finalised divorce papers from the court and I have been
granted visitation rights to my only child, who is 6 years old.
However, over the past two months, my now ex-wife has been
preventing me from seeing my child on weekends, in defiance of the
court order. What are my rights in this situation?
Answer: In cases where the custodian refuses to
follow the court order and does not let the guardian see the child
repeatedly or as per the court order the guardian has the right to
file a custody case in accordance with Article 24/2 of the
Executive Decision No 1150 of 2010. Breaching visitation court
orders could lead to the mother losing custody of the child.
Question: My husband was recently diagnosed as
clinically depressed. As a result, he is not a loving father to our
children and he does not morally or emotionally support me in my
life?s endeavours. I genuinely believe his condition is due to a
reliance on prescription drugs. What is my best course of action in
Answer: I would suggest that you try to get
your husband to seek further help and confess to his reliance on
drugs. The newly introduced Federal Law No 8 of 2016, in Article 43
(1), states that if a doctor, or wife/secondary relative of a drug
abuser brings the person to the police/public prosecution/addiction
centre and asks for treatment, the addict will not face any
criminal charges. In such cases they will be treated and released
upon full recovery. However, it should be noted that the law
stipulates that the treatment should be completed within two years
and the addict needs to strictly follow the rules at the
rehabilitation centre. If they break the rules then they may end up
being charged in court.
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Chief justice and Bar Association have endorsed legislative proposal that would clarify outdated and confused concepts such as child custody, care and control, but government inertia may hold up its enactment
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