The immeasurable deserts, the lively cities, and the enormous high-rise buildings of the United Arab Emirates cover the broad legal system which is responsible to keep a record on the behalf of everyday activities of daily life. For those people who are living in the state and those that are aware of good as well as bad features of the system, it is an outstanding creature that analyzes the safety of its residents. Legal experts like child custody lawyers in UAE told that lack of awareness in the people regarding UAE laws results in horrible circumstances as parents proceed for divorce.
Legal experts stated that there are cases where children get caught in ugly battles concerning guardianship and custody in such a shocking trend that it is becoming gradually more common in the UAE. They moreover included that many people are avoidable as they are unaware of the laws of the land and the disappointment to take the suitable legal way out.
As demonstrated by some legal expert of Al Midfa & Associates, Advocates and Legal Consultants, which deals with a number of such cases in the Dubai Courts like issues regarding child custody and guardianship, come to the front when the parents search for divorce as there is no thought of separation in the UAE. As defined by Federal Law No 28 of year 2005 regarding the Custody and guardianship of a child and is also related to Personal Status. The custodian of the child goes to the mother who gave birth to the child and the guardianship goes to the father unless there is a court which passes an order for appointing someone else as custodian or guardian. The meaning of custody is everyday maintenance and taking care of the child, which is generally approved to the mother without interfering with the right of guardianship that is granted to the father entirely as he is responsible for providing support for the child financially, morally and physically.”
What the UAE law says about child custody?
As stated in Article 143 and 144 of the Federal Law 28 of 2005, a custodian must have the following features:
- Sensible and realistic
- Should be mature enough and have achieved the age of adolescence
- Capable of taking care and upbringing of a child
- Clear from transferable disease
- Not have been punished for an offense of ‘dignity’
- If guardianship goes to the mother, then she must have the features given below:
- She is not allowed to remarry except the court makes a decision that whether it’s in the best welfare of the child or not
- Share the same religion as the child
- If the custody goes to father, then he must have:
- He should have a suitable woman living in his home to take care of the child like a female family member
- Share the same religion as the child.
The United Arab Emirates might be a huge wonderland to several people, but to others, it is like a paradise on Earth. The laws of the United Arab Emirates inquire about in order to defend the residents, and most importantly children, in every way possible. These laws are fastened with concern for the child’s comfort, and everything centers on what will be the most excellent for him or her. The severe protection of a child’s best wellbeing is just one of the countless gems in the vast Emirati desert.
When child custody disagreement arises among parents, cases will be fought by Family lawyers in UAE for the custody decisions that are based on Islamic (Sharia) law. Non-UAE nationals, who are resident in the UAE, whether married to a UAE or non-UAE resident, can file custody cases in the UAE. Non-residents of the UAE may possibly file custody cases in the UAE but might require approving a UAE resident and a lawyer who is practicing in the UAE to take action on their behalf for the duration of the case. Non-Muslims are also allowed to file cases in the UAE family courts, under Sharia law.
Imposition of Foreign Judgments
Judgments from foreign courts and custody orders of children from foreign courts are not applicable in UAE. UAE courts will not enforce the decrees of USA courts to order father for supporting child. The decision made in USA court can be presented at UAE court for consideration but it cannot bound the law in UAE to follow that decision while giving a verdict about child custody in UAE. HHS Lawyers and Legal Consultants will be helpful in resolving your family disputes in front of the court by the assistance of expert’s family Lawyers in UAE which are providing legal services.