ARTICLE
2 March 2017

UAE Family Matters Q&A: Can I Claim Custody Of Children Three Years After Wife Remarried?

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.
I am an Asian man whose ex-wife has been married to someone else for more than 3 years.
United Arab Emirates Family and Matrimonial

Question: I am an Asian man whose ex-wife has been married to someone else for more than 3 years. I did not file a claim for custody of our children on these grounds even though I knew she had remarried. Can I still claim custody of my children even though three years have passed?

Answer: Unfortunately, according to Article No 152/3 of the UAE Family Law No 28 of 2005, you are meant to claim custody within 6 months from the date of your former wife's remarriage. Especially as you had knowledge of her marriage and if you cannot provide a valid reason for not bringing the claim earlier, there is a good chance that the court will determine that you no longer have the right to file a custody claim.

Question: I am an Asian woman who is married to a man from my home country. We have a lot of fights and problems and, unfortunately, I have found out I am pregnant with his child. Under these circumstances, am I legally allowed to abort the child?

Answer: It is unfortunate that your marriage is not going well but it does not give you an excuse to abort a child. If you did that you would be in breach of UAE criminal laws, specifically Article No 340 of Criminal Law No 3 of 1987 and its amendments. If you were to abort the child you could face jail time not exceeding one year or a fine of up to Dh10,000, or both. Your child is your gift. Try to keep it and do not think to punish an innocent child for the mistakes of his father. The law gives you the right to file family cases, to claim your right to get support from the father for the child.

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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