ARTICLE
19 February 2016

UAE Family Matters Q&A: Can I Call Parents Or Children As Witnesses In A Family Case?

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
The court does not allow parents and the children of the respondent or the claimant to act as witnesses in a family case.
United Arab Emirates Family and Matrimonial

Can I call my parents and my children as witnesses in a family hearing?

The court does not allow parents and the children of the respondent or the claimant to act as witnesses in a family case. The reason for this is the nature of these relationships, which make their testimony likely to be under duress, partisan, or unreliable due to the emotions involved.

I am presenting my witnesses at the family court, can my lawyer train my witnesses and guide them on what to say?

It is not recommended that the witnesses seek any guidance or meeting with the representative lawyer of the party, nor to get any briefing, training or answers to any potential questions that the judge might present to them during the proceedings of the family court. This is so that the court can get a clear and impartial picture of the statement of the witness without any external pressure.

Why is my case being sent back to the Court of Appeal from the Court of Cassation?

The decision or judgment can be made in the Court of Cassation and they can decide to send the case back to the Court of First Instance or the Court of Appeal and direct them to review and reassess certain facts, complete any disparities in the case or to review the entire case. In this case, the court directive to do this shall take the Court of Cassation's directive and act accordingly. This is a procedure of the family 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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