أسئلة وأجوبة
Returning to home country with daughter who is under ex-wife's custody
Good morning,
I divorced my ex-wife 3 years ago here in the UAE. We have one child who is 7 years old.
She is the custodian and I am the guardian. I am the sponsor of my child and have my child passport but her mother has put a travel ban.
I remarried last year. I plan to leave the UAE to go back to my country forever with my new wife and with no plans to come back.
Can I ask the court to have my daughter following me in my country?
There is an execution case that was opened against me after the divorce.
Will this case be closed when I leave the UAE to my country?
Should I inform the court?
What would be the process to follow before leaving the UAE?
Many thanks!
Best Regards,
Hi sir,
Regarding the travel ban of your daughter, you can file an application in court and request the court for a grievance.
You can also demand custody of your daughter by your wife. The court can consider giving custody to your wife. As a man, you may not be able to get direct custody of a girl.
The court order will not be dissolved until you can’t get another order from the court. A court order will be applied for a lifetime as ordered. Your ex-wife can execute orders in any territory.
You may contact me via phone or email for further clarification.
Dear sir,
Good day!
Custody of the child always belongs to father in Sharia and the wife is just interested with your "Amana" of the child.
Therefore, if you proceed with the request in the court (which it was not mentioned if it is Dubai Court, Abu Dhabi or Sharjah, please mention the jurisdiction so we can advise), if you go with the request of 100% custody of the child since you are leaving the country, you will have the right of 100% custody.
However, if the child is less than 13 years old for girl & 11 years old for boy, automatically you will get custody. You can put a request, since you are leaving the country, that your ex-wife should stay in the place where you are so that you can have the visitation rights with your child.
For further assistance, please feel free to contact us via phone or email.
Thank you!
