Most Read Contributor in United Arab Emirates, March 2017
Question: A close friend got divorced through
Dubai Courts about a year ago and was granted custody of her two
children, girls aged 9 and 4. During a recent business trip to her
country a few weeks ago, her former husband kidnapped the girls and
sent them to his home country for his family to raise. My friend
has tried to plead with him, especially as they were taken out of
school, without success. He and his family are not allowing the
mother to even speak to her children. These children are on the
mother's residency visa because she was supporting them, caring
for them and providing unconditional love to her children. He, on
the other hand, is sabotaging their safety, security and trust and,
sadly, getting satisfaction from hurting their mother. Is there
anything she can do?
Answer: It is unfortunate that your friend
finds herself in this situation. However, she has a right to file a
child-kidnapping case against her former husband. Per Article 328
of the Criminal Penal Code, it is the legal responsibility of the
guardian of a child to ensure that the child is safely delivered to
the legal custodian in accordance with a court judgment or order.
In addition, Article 329 states that a detention or a fine will be
imposed upon either parent or grandparent who abducts his minor
child either by themselves or with the help of others. Your friend
should also file an abduction case with the international police
Question: My husband and I have been separated
for three years and are obtaining a divorce in our home country. I
plan to remarry as soon as possible in Abu Dhabi. Does Iddat apply
to non-Muslim women?
Answer: In general, Iddat, or waiting period,
affects women before she remarries for three reasons: 1 To provide
an opportunity to ensure that she is not pregnant; 2 As respect for
the sanctity of marriage; 3 To allow a couple a chance to salvage
the relationship and marriage. Iddat is a part of UAE law and,
subsequently, if you were married in the UAE, it applies, whether
you are Muslim or not. However, it is important to note that, as
long as the divorce is finalised in your home country and you have
obtained a divorce decree, you have the right to remarry.
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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