How to Get Child Custody After Divorce in the UAE

 An expatriate living in the UAE can apply their country’s laws when getting a divorce. However, the jurisdiction and the applicability of the law may differ when it comes to child custody in the UAE. The UAE courts will be responsible for ensuring the best interests of the child. Understanding the local laws is crucial to get an idea of the possible outcome of the situation.

 

One of the things you should know is that parents do not have equal parental responsibilities for the child. Following a divorce, the father is made the guardian and the mother is assigned as the custodian. A custodian is responsible for the care and nurturing of the child. That means she is responsible for meeting the day-to-day needs of the child in her home. That said, there are circumstances when the father could become the custodian.

 

Conditions to become the custodian

 

As per Article 143 and 144 of the Personal Status Law (Federal Law 28 of 2005), a custodian must be rational, honest, mature enough, free from infectious disease, can take care of and bring up a child, and has not been sentenced for a crime of honor.

 

If the mother is the custodian, she and her child must also share the same religion. If the father is the custodian, he must also belong to the same religion as the child and have a suitable woman (e.g. a female relative) in his home to care for the child.

 

Changes in custody

 

Article 146 of the Personal Status Law indicates that the mother will have custody of all young children, and the responsibility will be transferred to the father when the children reach the age of 13 for girls and 11 for boys unless the court orders against it. The court may also move child custody in the UAE to the father or another relative if it determines that the mother is not a suitable custodian. Nowadays, the court can be flexible to make sure that it can meet the best interests of children.

 

Dealing with a child custody matter can be daunting. However, you can always get a lawyer for help. A family lawyer will help you make informed decisions, so you have a favourable chance of success in getting child custody in the UAE

Comments

Post a Comment

Popular posts from this blog

5 Tips for Finding the Best Divorce Lawyer in Dubai

A divorce is never easy; it’s an emotionally challenging time for both parties. It’s always best to have a lawyer who specializes in family law represent you during this hard time.  There are two types of divorce under Shariah Law: revocable and irrevocable. Divorce lawyers in Dubai can tell you more about each type. Here is a quick comparison: A revocable divorce allows both parties to maintain a valid marriage for three months until the divorce is finalized and concluded. An irrevocable divorce ends the marriage there and then. In comparison with other countries, the divorce cases in UAE are not simple and unambiguous, it certainly requires specialization of a legal representative. If you plan on getting a divorce, you need the help of an expert. Divorce lawyers in Dubai   have specific knowledge and skills to handle these types of cases. Here are a few tips on finding the best ones: Find a divorce lawyer who has dealt with cases similar to yours. Not every situation is the ...
Read more

0A Comprehensive Guide on Cyber Crime in UAE

  Cybercrime refers to any criminal activity that either targets or uses a computer and a network. Most cybercrime cases revolve around hackers—whether individuals or entire organizations—who want to make money online in illegal ways. In the United Arab Emirates, cyber-attacks gained traction a few years back, around 2013. Many fell victim to malware, Tor networks, and banking Trojans. Because of this, laws governing cybercrime in the UAE are strictly enforced. Here is a quick guide on what you need to know about cybercrime in the UAE: Who is considered a cybercriminal in the United Arab Emirates? Individuals who hack websites and accounts for entertainment purposes Individuals or organizations who use their skills for illegitimate financial gains Individuals or organizations who use the cyber world for revenge What are the penalties and punishments for violating UAE cybercrime laws? Illegal access to an electronic site Article 2 of the New Cyber Crime Law prohibits any individual ...
Read more

Tips on What to Expect from Lawyers in Abu Dhabi

Lawyers in Abu Dhabi hold a unique position and are capable of helping individuals, groups, or even organizations to deal with their legal problems. Variations can be there in the case of one person to another. Some may need help in a criminal case or some in a family law case. On the other hand, it can be for any legal issues which need the intervention of the law. As a client, you must have certain expectations from the lawyer you hire. So, what exactly can you expect from a lawyer in Abu Dhabi? Excellent listener : You can expect your lawyer to be a good listener. It is one quality that will encourage the lawyer to patiently take note of the case details to decide the next line of action. Good communication : Excellent communication skill is something which you can expect from your lawyer. He/she will be representing your case in court and against your opponent. Excellent communication skill is an asset for a lawyer. Competency and professionalism : When you appoint a ...
Read more