allWhat you need to know about child custody according to UAE law
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allWhat you need to know about child custody according to UAE law ,It is consideredChild custody is a matter of utmost importance in the UAE, especially with the increase in disputes between parents that often lead to divorce.
RequiresThis establishes a legal framework that guarantees child custody, full care, and the necessary rights even if their parents separate. Child custody law guarantees children’s full rights until they reach the age of legal responsibility.
Let’sWe explore the meaning of child custody and the requirements that must be met by the custodian, in addition to some other legal matters that we will discuss in detail.
FirstlyWhat is meant by child custody?
It indicatesChild custody refers to the relationship between a child and a parent or guardian, whether legal or practical, for the purpose of caring for, supporting, and making decisions on the child’s behalf.
– Custody from a legal perspective: It includes taking measures related to the child’s important rights in life, such as choosing a school, medical treatment, counseling, religion, and other life matters.
– Physical or material custody: The right to make decisions related to the child’s daily life, including the right to make decisions related to his or her daily life. It can include joint custody, which is the right of spouses to make joint decisions so that the child resides with each of them for a specified period based on an agreement between them, as well as non-parental custody and other types of custody.
secondlyChild custody in UAE law
It deals withUAE legislation stipulates child custody provisions in Chapter Two of Part Four of Federal Law No. 28 of 2005 regarding personal status.
It statesArtille 142 of the Child Custody Law stipulates that the child’s upbringing and care should be maintained in accordance with the guardian’s rights. This reflects the importance of child custody and its role in fully preserving the child’s body, health, and morals, in addition to caring for the child and raising him with virtuous values and morals so that he becomes a good person who benefits himself, his family, and society in the future.
inDuring childhood, a child is in dire need of someone to care for him and provide him with everything he needs in life and livelihood. Parents are the closest to him during this period, responsible for looking after his interests and showing him compassion in society.
grantedCustody of children is given to mothers from the beginning, as the mother is the one who carried, gave birth and breastfed the child, and thus is the most compassionate and merciful to the child.
asThey are more patient than others, enduring all the hardships and difficulties to secure custody of their children. To prove a mother’s right to custody, she must meet certain conditions in addition to the general requirements for a custodian, which we will discuss later.
fromAmong these conditions, the mother must be of the same religion as the child in custody. According to Article 145 of the Personal Status Law, the mother’s custody is dropped if she is of a different religion than the child in custody. However, if the Personal Status Court decides otherwise for the benefit of the child in custody, custody of the children may be granted to her immediately.
ThirdlyWhat are the conditions that must be met by both the custodian and the custodian?
RequiresChild custody is a high degree of awareness and responsibility to ensure that the child receives the necessary care from the guardian or custodian, whether male or female.
It statesArticles 143 and 144 of the UAE Personal Status Law stipulate the general and specific conditions that must be met by the custodian, male or female, as follows:
The custodian must be sane.
The custodian must be of legal age.
– The custodian must be trustworthy.
The custodian must be able to raise the child, care for him, and take care of his life affairs.
– To be free from serious infectious diseases.
– He must not have been previously convicted of any honour crimes.
ButIf the incubator is a woman
It isShe may not be married to a foreigner than the child in custody, and her religion must not differ from the child’s religion. However, if the court decides otherwise for the benefit of the child, she will have custody of the children.
ButIf the custodian is a man
It isHe must have a woman who is suitable for taking care of and nurturing the children, and he must also be religious towards the children.
FourthConditions for the child to travel with the custodian
RequiresUAE Personal Status Law No. 28 of 2005 sets out a number of conditions related to a child traveling with a guardian or custodian, as follows:
– The custodian, whether male or female, may not travel with the child in custody outside the country unless there is a written text indicating the guardian’s consent. If the guardian refuses to consent, the matter may be referred to the judge for a decision, which may lead to the loss of custody.
The custodian, especially if she is the mother, is not permitted to travel with her child or move him from the marital home to any other place except with written permission from his father, if the marriage is still ongoing or the mother is in the waiting period following a revocable divorce.
A mother may move her child to another country after divorce, provided that this move does not affect the child’s upbringing or cause harm to the father, and does not require him to make unusual trips to check on his son’s well-being.
A custodian other than the mother may not travel with the child except with written permission from his guardian.
– As for the father, he or any other guardian may not travel with the child during the custody period except with written permission from the custodian.
– A mother who has been irrevocably divorced may lose custody of her children if she wants to move due to the father moving to a country other than the one where the custodial mother resides, provided that the purpose of the move is stability and that it does not cause any harm to the mother. In addition, the distance between the two countries must be such that the mother can see the child and return on the same day using regular means of transportation. This is what the recent amendments to the UAE Child Custody and Personal Status Law stipulate.
ButNow you can seek the help of the best personal status lawyers in Abu Dhabi, Dubai and all other emirates to get advice on everything related to child custody and all other personal status issues.
whereAbdul Rahman Al Ameri Law Firm and Legal Consultancy is one of the best law firms specialized in this type of personal status cases in the United Arab Emirates such as divorce, inheritance, wills, etc. divorce, custody, alimony and other personal status cases.
asThe office is known for its best legal consultants specializing in personal status matters in the UAE, who follow up all procedures and cases before the Dubai Personal Status Court, which is known as the Family Law Court, the Sharjah Personal Status Court, and all Sharia courts in the UAE.
And you canNow, request a consultation, present your case, or contract with the best personal status lawyer in Dubai by contacting us on the numbers orThrough our Facebook page .
