Can Dubai Courts take steps to ensure that I see my child as per the joint custody order?

If a parent fails to comply with custody arrangements in Dubai despite a court order, several steps can be taken to ensure that custody orders are effectively enforced, in accordance with local laws.

Here are the steps that can be taken:

1. Filing an enforcement application:

You can file an enforcement application with the Dubai Courts to ensure that custody arrangements are complied with as ordered.

An enforcement application allows the judge to directly intervene to ensure compliance, including imposing additional fines or using enforcement powers.

2. Requesting police intervention under court supervision:

Although the police have a supervisory role in handing over the child, you can apply to the court to direct the police to carry out a physical handover if non-compliance persists.

The court may issue direct orders to facilitate handover through more stringent enforcement procedures.

3. Imposing additional penalties on the non-compliant party:

Dubai Courts have the power to impose additional financial fines or even legal action against the party who refuses to comply, including travel bans or temporary detention if non-compliance is repeated.

4. Request a change in arrangements if there is a negative impact on the child:

If the mother is found to be negatively impacting the child or manipulating custody decisions, you can request that the arrangements be modified to provide a stable environment for the child.

This may include transferring custody in part or in full if negative impact or ill-will is proven.

5. Use social workers:

You can request that social workers (or educational experts) be involved in preparing reports on the impact of non-compliance on the child and submit them to the court to support your case.

6. Use of court enforcement experts:

In some cases, the court may appoint an expert to oversee the implementation of the arrangements and resolve disputes directly.

Documents required to submit the application:

A copy of the original custody order.

Police report documenting the non-compliance.

Any evidence supporting the negative impact on the child due to non-compliance.

Since the French court orders are recognized by Dubai Courts, you can request enforcement of those orders if they are being violated.

Dubai Courts can hold the non-compliant parent (in this case, the mother) in contempt of court for violating the custody arrangement.

If fines have already been imposed, the court may consider escalating this by issuing more severe sanctions.

In extreme cases, non-compliance can lead to imprisonment or other legal measures to compel the parent to follow the court orders.

As the police are already involved in supervising the handover, you may be able to request that the police take a more active role in ensuring compliance with the court order, particularly if the mother continues to obstruct the process.

If the current handover arrangements are clearly not working, you could petition the Dubai Courts for modifications or clarifications of the existing order.

For example, the courts could specify a different handover process or impose stricter penalties for non-compliance.

If you're unable to see your child for an extended period, the Dubai Courts could potentially issue a clear, formal date and time for the custody exchange, providing more structure and accountability for both parents and the authorities involved.

Dear Questioner,

Thanks for your inquiry.

According to UAE law, the Dubai Courts have the authority to enforce custody orders issued by foreign courts, as long as they are recognized and registered with the Dubai Courts.

In your case, since your joint custody orders issued in France have been recognized and enforced by the Dubai Courts, they have the authority to ensure that the handover process is carried out as ordered.

The Dubai Courts may take the following steps to enforce the custody arrangement:

1. Issuing a warning: The Dubai Courts may issue a warning to the mother, reminding her of her legal obligations to comply with the custody orders and the consequences of non-compliance.

2. Imposing fines: The Dubai Courts may impose fines on the mother for each violation of the custody orders. These fines may increase for repeated violations.

3. Issuing a warrant: If the mother continues to refuse to comply with the custody orders, the Dubai Courts may issue a warrant for her arrest and handover of the child to you.

4. Involving the police: As you have mentioned, the police are currently assisting in supervising the handover process. If the mother continues to refuse to comply, the Dubai Courts may involve the police to enforce the custody orders and ensure the handover takes place as ordered.

It is important to note that the Dubai Courts may also take into consideration the best interests of the child when enforcing custody orders. If they believe that the child's well-being is at risk, they may take additional measures to protect the child.

Kindly do not hesitate to contact us by phone or email for further guidance.

Greetings

Dear Sir,

We understand how challenging it is to face obstacles in enforcing your custody rights, especially when it involves your young child. Rest assured, we’re here to provide the guidance and support you need.

The Dubai Courts have effective mechanisms to address non-compliance with custody orders, and we can assist in ensuring your rights are upheld.

To discuss the best legal strategies tailored to your situation, please contact us directly on WhatsApp.

We look forward to helping you resolve this matter swiftly and effectively.

Hello,

As per your query, please note that you can enforce the order by making a request for implementation in the same enforcement case.

Please email us or call us.