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Filing for custody and adultery after divorce if ex-wife abandoned children for boyfriend

Dear lawyers,

I have been divorced mutually in Dubai. The children have been living with me because my ex-wife chose to live with her boyfriend. Due to financial conditions, she chose a new life with a new man, abandoning the kids and her past.

Now, as I legally want custody, she is creating drama, and her current boyfriend is taking advantage. She had a relationship with him before the divorce.

I couldn't file for adultery as I was focused on my career and children. Can I do it now?

All evidence is present. The children are residing in Dubai, and she has completely stopped meeting them as her boyfriend controls her. He is married too and has children he has kept abroad.

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
22 May 2024, 18:44

You cannot do that. A complaint of marital infidelity must occur during the marital relationship, not after the divorce.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
23 May 2024, 05:16

Dear Questioner,

As long as you have evidence, you can do it at any time.

For further inquiries about your topic, you can reach our office or contact us on WhatsApp at [-----] or via email at [-----].

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 May 2024, 05:30

Dear Questioner,

You can file a lawsuit to demand custody of the children and to request visitation rights.

The decision is issued by the judge after hearing the statements of both parties and is based on the best interests of the children.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai at [-------] or Sharjah at [-------].

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
23 May 2024, 06:32

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to UAE law, a mother has the right to custody of his children if they are under the age of 11.

However, if the mother is deemed unfit or unable to care for the children, the father can apply for full custody.

In this case, it is important to gather evidence of the mother's abandonment and her relationship with her boyfriend, as this may be used to show that she is unfit to care for the children.

In terms of filing for adultery, this may be difficult to prove after the divorce has been finalized. However, if you have evidence of the relationship before the divorce, it may be possible to use this in your custody case.

It is important to consult with us as a lawyer who is familiar with UAE family law to determine the best course of action in your specific situation.

Additionally, if the mother's boyfriend is married and has children, this may also be used as evidence of his unsuitability to be involved in the children's lives.

It is important to document any interactions or incidents involving the children and the mother's boyfriend, as this may be used in court to support your case for custody.

Overall, it is important to gather as much evidence as possible and consult with us to determine the best course of action for obtaining custody of your children.

Kindly feel free to contact us at [------] for further guidance in your specific guidance.

Greetings,

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 May 2024, 09:56

Dear Questioner,

Thank you for reaching out and sharing your situation!

It sounds like you are going through a challenging time, and I understand your concerns regarding the custody of your children and the complications involving your ex-wife and her current partner.

Given the circumstances you’ve described, you do have legal options available to seek custody of your children and address the behavior of your ex-wife and her partner.

Since your ex-wife has abandoned the children and is not fulfilling her parental responsibilities, you have a strong case for seeking full custody. The evidence of her prior relationship and current neglect can be crucial in supporting your claim.

As for filing an adultery case, while it is possible to pursue this now, the focus should be on the well-being of your children and securing their future. Legal strategies can be discussed to ensure the best outcome for you and your children.

I would be happy to provide detailed legal advice and representation to help you navigate this situation effectively.

Please reach out to me through WhatsApp or phone at [----------], or email me at [----------] to discuss your case further and schedule a consultation.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
29 May 2024, 07:15

Dear Questioner,

Given the complexity of your situation, involving custody issues and potential allegations of adultery, it's crucial to seek legal advice from a lawyer in Dubai who specializes in family law. Here are some key points to consider:

1. Legal Representation:

Consult with a lawyer who can assess your case and provide you with tailored legal advice based on the specifics of your situation. They can guide you through the legal process and help you understand your rights and options.

2. Custody of Children:

If you believe it's in the best interests of the children to live with you, you can petition the court for custody. Provide evidence to support your claim, including any documentation or witness statements regarding your ex-wife's abandonment of the children and her current living situation.

3. Adultery Allegations:

In Dubai, adultery is considered a criminal offense, and allegations of adultery can impact legal proceedings, including custody disputes.

If you have evidence of your ex-wife's extramarital relationship during your marriage or immediately following the divorce, you may choose to pursue legal action.

However, it's essential to discuss the potential consequences and implications with your lawyer before taking any steps.

4. Child Welfare:

The court's primary concern in custody cases is the welfare and best interests of the children. Provide evidence to demonstrate that you can provide a stable and nurturing environment for the children, and address any concerns about their current living situation with your ex-wife and her boyfriend.

5. Documentation:

Gather all relevant documentation, including any evidence of your ex-wife's relationship with her boyfriend, her abandonment of the children, and any communications or interactions that support your case. This documentation will be valuable in legal proceedings.

6. Consider Mediation:

In some cases, mediation may be a viable option for resolving custody disputes amicably and without resorting to lengthy court proceedings. Discuss this possibility with your lawyer to determine if it's appropriate for your situation.

7. Protect Your Children:

Ensure that the well-being and best interests of your children remain the top priority throughout the legal process. Seek support from family members, counselors, or support groups to help your children cope with any challenges they may be facing.

Navigating custody disputes and legal proceedings can be challenging, but with the guidance of a knowledgeable lawyer and a focus on the best interests of the children, you can work towards a resolution that ensures their safety and well-being.

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