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Can I seek child custody in Dubai after a mutual divorce in Egypt?

Hi,

I am an Egyptian working in Dubai. I have a 2-year-old son. During my family vacation to Egypt, due to unavoidable circumstances, I divorced my wife in Egypt by mutual consent.

Now my concern is about my child. I will return to Dubai, and my ex-wife will also come to Dubai with my son, as her parents are settled here. I want custody of my child.

Can I file a court case for child custody in Dubai, even though my marriage and divorce happened in Egypt?

What outcomes can I expect from the Dubai court?

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
26 Dec 2024, 20:12

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Yes, you can open a court case for child custody in Dubai, even though your marriage and divorce occurred in Egypt.

The UAE courts will consider the best interests of your child in their decision. Typically, custody is granted to the mother until the child reaches a certain age, but fathers can seek custody as well.

It's advisable to consult with us to guide you through the process and improve your chances of a favorable outcome.

Thanks & Regards,

ABDUL WAHIED

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
27 Dec 2024, 04:16

Hello,

If your ex-wife and child are living in Dubai, the Dubai courts have jurisdiction over custody and visitation matters, even if the marriage and divorce were done in Egypt.

The Dubai courts will generally have jurisdiction if the child is a resident of the UAE or will be residing in Dubai for the foreseeable future.

Under UAE family law (which is largely based on Sharia principles), there is a general preference for the mother to have custody of young children, particularly for children under 11 years old (boys) or 13 years old (girls).

However, this can be contested, and the father can seek joint custody or primary custody depending on the circumstances.

As a father, you have the right to petition for custody, especially if you can demonstrate that you are better suited to provide for the child’s well-being, safety, and overall interests.

For further assistance, kindly share your WhatsApp number.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
27 Dec 2024, 05:19

According to UAE law, you can file a child custody case in Dubai courts if you are a resident, even if your marriage and divorce occurred in Egypt.

Dubai courts prioritize the child’s best interest when deciding custody cases, considering factors like stability and the ability to provide proper care.

For accurate legal advice and professional assistance with your case, feel free to contact us via WhatsApp. Our office specializes in personal status and custody cases, with extensive experience in ensuring our clients’ rights are protected.

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
27 Dec 2024, 06:35

Yes, you can file a child custody case in Dubai even though your marriage and divorce occurred in Egypt. The Dubai courts will likely have jurisdiction over the matter since you reside in Dubai and intend to raise your child here.

The Dubai courts will likely apply UAE laws regarding child custody, which prioritize the child's best interests.

These laws emphasize shared parental responsibility and may consider factors like the child's age, emotional well-being, and the parents' ability to provide a stable and nurturing environment.

We will discuss the procedures in detail. Kindly share your WhatsApp number to discuss this further.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
27 Dec 2024, 07:41

You can apply for child custody in Dubai even if your marriage and divorce took place in Egypt.

Your chances of obtaining custody depend on various factors, including the best interests of the child and your ability to prove your ability to provide a stable and nurturing environment.

It is advisable to hire a qualified lawyer, and we are honored to represent you legally.

Please contact us via phone or email for further assistance.

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
27 Dec 2024, 08:22

In response to your inquiry regarding child custody, it is essential to consider the provisions of Federal Law No. 28 of 2005 on Personal Status of the UAE, which governs family and custody matters in Dubai.

Despite your marriage and divorce taking place in Egypt, since your ex-wife and son will reside in Dubai, the Dubai courts may have jurisdiction over child custody if the child is present in the UAE.

Under Article 144 of the Personal Status Law, custody is granted to the parent who can ensure the best interests of the child, focusing on their safety, upbringing, and emotional well-being.

Typically, custody of a child below the age of 11 years is awarded to the mother unless there are compelling reasons to prove that she is unfit to care for the child.

However, as the father, you have the right to file a custody case in Dubai courts, particularly if you can demonstrate that granting you custody would serve the best interests of the child.

Factors such as the living environment you can provide, your financial stability, and your ability to meet the child's needs will be considered by the court.

Furthermore, Article 154 of the law provides the father with the right to visitation if custody is awarded to the mother.

You can request a court order to ensure regular visitation with your son if you do not obtain custody.

It is also important to note that, under Article 156, the mother may lose custody if she remarries unless the court determines that her continued custody is in the best interest of the child.

In your situation, the court will evaluate various factors, including the age of your son, his needs, and the circumstances of both parents, to decide on custody.

While it may be challenging to gain custody of a child under 11 years, it is not impossible if you provide compelling evidence to support your claim.

If you require further assistance or representation in this matter, feel free to contact me at [--------].

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