Life after separation comes with many sensitive and complex matters, including custody and visitation decisions, which often become the most delicate and complicated issues. When the court issues a final ruling in favor of one parent, the refusal to execute custody judgment in the UAE by the other party not only harms the entitled parent but also jeopardizes the child’s best interests. Moreover, such refusal is a legal violation that requires firm and timely deterrence.
In light of UAE law, this article highlights the penalty for refusing to execute custody judgment in the UAE, explains the legal procedures available under the law, and clarifies the difference between refusal to execute custody judgment in the UAE and forfeiture of custody rights, based on the latest legislation.
Definition of Refusal to Execute Custody Judgment in the UAE
The refusal to execute custody judgment in the UAE means that one party declines to comply with the judicial ruling issued by the Sharia court regarding the handover of the child or enabling the other party to exercise their custody or visitation rights. Such refusal is considered a serious legal violation, especially after a final enforceable ruling. Most often, this occurs when the former custodian refuses to hand over the child or when a parent violates the granted visitation rights.
The refusal to execute custody judgment in the UAE is classified as a breach of an enforceable judicial order. The party refusing execution may face legal penalties, including fines and sometimes imprisonment, in addition to the possibility of compulsory enforcement to protect the child’s welfare and ensure family stability. you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.
What Are the Penalties for Refusal to Execute Custody Judgment in the UAE ?
Federal Personal Status Law No. 41 of 2024 imposes strict penalties on anyone who intentionally refuses to execute custody judgment in the UAE or declines to hand over the child to the other parent. Key penalties include:
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A financial fine ranging between AED 5,000 and AED 100,000 if the custodian delays or refuses to deliver the child’s documents without clear legal justification.
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Imprisonment or disciplinary detention if the refusal involves harmful actions such as hiding the child or traveling with them without court or guardian approval, which is deemed a criminal offense.
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Compulsory enforcement by the authorities if the custodian refuses to hand over the child despite court warnings and without legal justification.
This newly reinforced law emphasizes the legislator’s focus on protecting the child’s best interests and ensuring the enforcement of custody rulings without delay or injustice, supported by effective deterrent mechanisms against violators.
Read also: Child custody in UAE law
What Are the Legal Procedures in Cases of Refusal to Execute Custody Judgment in the UAE ?
When one party refuses to execute custody judgment in the UAE, the affected parent may pursue the following legal steps to guarantee enforcement:
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Submit an enforcement request to the competent court, attaching the final judgment and proof of refusal.
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Send a formal legal warning to the refusing party, granting them a legally defined grace period.
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Request police or executive authority intervention to enforce the ruling forcibly, particularly in cases of concealment or refusal to hand over the child.
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File a complaint with the Public Prosecution if the refusal to execute custody judgment in the UAE is repeated, potentially leading to a criminal case.
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Request daily fines or imprisonment, depending on the court’s discretion, to ensure respect for custody rulings.
These procedures safeguard the rights of the custodian or guardian and ensure effective enforcement in line with Federal Personal Status Law No. 41 of 2024, which prioritizes the child’s welfare during all enforcement stages. you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.
Difference Between Refusal to Execute Custody Judgment in the UAE and Forfeiture of Custody
Many mistakenly believe that refusal to execute custody judgment in the UAE and forfeiture of custody are the same. However, UAE law clearly distinguishes between them:
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Refusal to Execute Custody Judgment in the UAE
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Definition
Refusing or delaying the enforcement of a final judicial ruling granting custody or visitation.
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Nature
An enforcement violation requiring penalty.
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Penalty
Fine, imprisonment, or compulsory enforcement, without immediate forfeiture of custody.
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Application
Applied immediately upon violation.
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Forfeiture of Custody Rights
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Definition: Losing custody rights and transferring custody to the other parent or as the court decides.
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Condition: Requires six months of neglect or breach of custody obligations without valid excuse.
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Significance: A strong legal indication of custodian unfitness.
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Outcome: Custody rights are revoked due to breach of conditions or abandonment.
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Role of the Lawyer in Cases of Refusal to Execute Custody Judgment in the UAE
The role of a lawyer is crucial in cases involving refusal to execute custody judgment in the UAE. A specialized lawyer not only submits complaints or drafts enforcement requests but also:
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Analyzes the judgment to determine whether it qualifies for immediate or compulsory enforcement.
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Drafts legal warnings to the refusing party in compliance with Federal Personal Status Law No. 41 of 2024.
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Represents the client before the Public Prosecution and the courts in case of criminal proceedings.
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Requests enforcement through the relevant authorities, such as the police or enforcement courts.
Having a specialized law office, such as Samaha Law Firm for Legal Consultations, which is experienced in custody disputes and cases of refusal to execute custody judgment in the UAE, significantly increases the chances of successful enforcement. Their legal expertise ensures compliance with proper procedures and prevents delays that may jeopardize parental rights.
Ultimately, refusal to execute custody judgment in the UAE is legally unacceptable, as it infringes on family rights and the child’s future. UAE law requires strict enforcement of custody rulings with severe penalties imposed on those who refuse execution. you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.
