In the event that you are meeting with a Dubai family lawyer for applying complete custody of the child, child maintenance and, you more likely wish to understand the legal procedure for filing the case for custody before the courts of UAE. To help yourself up for what lies ahead, you should have a basic idea of the procedure, the timeline of the process and the cost involved in fighting custody battle in UAE. Not every one of these things can be resolved correctly at this beginning period, however, the more data you assemble, the happier you will be.
In UAE child custody battles can take up to 9-12 months in average, depending upon the complexity of the matter. An intriguing feature of custody laws with regards to the U.A.E. is the various jobs allocated to mothers and fathers. These distinctions are regularly found in the portrayals of guardian and custodian. A guardian of a kid monetarily keeps up the kid, settles on significant choices about the kid’s instruction and childhood, and for the most part deals with the kid’s issues. The caretaker/custodian, then again, is worried about the youngster’s everyday life; the overseer has genuine, physical care of the kid and should raise, fare thee well, and upbringing of the kid. This partition between guardian and custodian isn’t complete, for it is feasible for one parent to assume the two jobs. Regularly the mother is granted day care, though the dad is constantly viewed as the guardian; be that as it may, everything is subject to the child’s eventual benefits.
UAE has issued several laws for ensuring the best interest of the child such as Federal Law number 28 of the year 2005 regarding Personal Status Law and Federal Law number 3 of the year 2016 regarding child protection right (Wadeema’s Law). A child’s case for custody is heard in a UAE Federal Family Courts through assistance of Family Lawyers in Dubai in Dubai having experience in custody cases. The Judge decides the case by thinking about the wellbeing of the Child. This choice is dependent upon different variables, for example, the psychological and physical wellbeing of the custodian, the steadiness of the guardians, budgetary conditions, and a steady situation of the child; however, most important is the child’s best interest.
With reference to the procedure for filling the custody case, the first and the foremost step is to register the case before Family guidance committee in order to either reach a amicable solution or to obtain a no-objection certificate in order register the case before the relevant Family court in the respective Emirate to seek a judgment for obtaining custody of the child.
For the most part, the law concedes the care of a youngster to the mother of the child, until the child attain a certain age that is 11 years for the boy child and 13 years for the girl child. Be that as it may, this can be negated in the event that it is against the interests of the youngster. The UAE law attracts different conditions to award the custody to the guardian, if it is for the betterment of the child. Under the Law on Child Rights, the parent that gets the guardianship of the youngster must be rational; fit for raising and dealing with the kid, must be liberated from any irresistible or dangerous sicknesses and must not have any criminal record. The court may further consider the religion of the fosterer prior to granting him/her custody of the child. It is important to seek advice of the Family Lawyer in order to understand the circumstances in which you may gain or lose the custody of the child as the law has different aspects under which either parent may lose his/her rights over the child.
Disclaimer:
The above information might not apply if both parties are non-Muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this linkCopyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.