What’s the difference between proof of custody and claiming child custody?

Greetings,

Proving custody refers to the existence of a previous custody ruling. Claiming custody applies to new cases where custody is being sought for the first time, such as requesting to drop custody from one party and assign it to another.

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Dear Questioner,

- Proof of custody:

This refers to establishing or confirming that a parent or guardian already has physical and/or legal custody of a child.

It is a legal document or court order that acknowledges the existing custody arrangement. This proof is typically used to demonstrate or verify who currently has the right to care for and make decisions on behalf of the child.

- Claim Child Custody:

This is the act of initiating a legal case to obtain custody of a child. In this process, one parent or guardian files a claim with the court to be awarded custody, typically in situations of divorce, separation, or dispute over who should have the legal right to care for the child.

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Dear Questioner,

Establishing custody and claiming child custody are two different legal terms in personal status and child custody cases.

Here is the difference between them:

1. Establishing custody:

Establishing custody is a legal action that is taken when there is an existing agreement or arrangement regarding child custody, and one party wants to legally document this arrangement to ensure that custody rights continue.

In this case, the person who already has legal custody of the child (by law or agreement between the parties) may seek to have this arrangement formally documented with the court to ensure that their right to custody cannot be challenged in the future.

This action is primarily a documentation procedure and not a full-fledged lawsuit to seek a change or award of custody.

2. Claiming child custody:

Claiming child custody is when one parent or other party seeks to gain custody of the child through a lawsuit.

This usually occurs when there is no existing agreement between the parties regarding custody, or if one party seeks to change the current custody arrangements.

In this case, evidence and legal arguments are presented to the court regarding who the child would be in the best interest of living with, and the court issues a ruling granting custody to the appropriate party based on the best interest of the child.

3. No Objection Certificate (NOC) from Dubai Court to File a Custody Proof Case:

Dubai Court does not usually issue a No Objection Certificate (NOC) to file a custody proof case. If you want to prove or claim custody of the child, you must file a lawsuit with the Personal Status Court directly without the need for a No Objection Certificate.

You can submit a request to the court to start the legal proceedings. The court will review the evidence and determine who is entitled to custody based on local laws and the best interest of the child.

Conclusion:

- Proof of custody: It is related to documenting the existing custody legally or by agreement.

- Claiming child custody: A lawsuit to obtain custody in the absence of a prior arrangement or when you want to change it.

You do not need a No Objection Certificate (NOC) from Dubai Court to file a custody proof case, but you can start the legal proceedings directly.

Dear Questioner,

Key Differences in Child Custody Terms in Dubai:

1. Proof of Custody:

- Definition: Official documents that establish who has legal custody of a child (e.g., court orders, custody agreements).

- Purpose: Necessary for legal matters like school enrollment and medical decisions.

2. Claim Child Custody:

- Definition: The process of formally requesting custody through the court by filing a petition.

- Purpose: Seeks legal recognition of rights to make decisions for the child.

3. NOC (No Objection Certificate):

- Definition: A document from the Dubai court indicating it does not oppose your request for proof of custody.

- Purpose: Facilitates the legal process of establishing custody rights.

Proof of custody confirms existing arrangements, claiming custody is about pursuing those rights, and the NOC supports your legal actions.

The first case means that the child is with the person requesting to prove custody, and the second case means that the child is not with the person claiming custody.