Can the father control the visitation from and to the monther if he won the custody of children?

Hello,

If the court’s ruling includes supervised visitation for the mother, then the plaintiff must allow this visitation under the specified conditions.

If the court did not specifically authorize overnight stays, the plaintiff can refuse to allow overnight stays, but any refusal must align with the visitation schedule and be in the best interest of the child.

The plaintiff (custodial parent) generally has the right to deny entry to his home without his consent.

In cases of sole custody, the custodial parent has control over the child’s residence and can request that the non-custodial parent (mother) not enter the home without his permission.

Dear C.,

Thank you for your inquiry.

Based on the details of the judgment you’ve shared, here are the answers to your questions:

1. Does the plaintiff have the right to deny the mother from taking the child for an overnight stay and only approve supervised visitation?

The plaintiff, the father, cannot arbitrarily deny the mother's right to overnight visitation, especially if the court has granted her the right to visit and see the child.

As the judgment specifically allows the mother to visit and have the child visit her, the father cannot prevent this unless there are exceptional circumstances (e.g., the child’s welfare or safety concerns).

However, the court-approved visitation arrangement could include supervision if there are any concerns about the mother’s ability to care for the child during visits.

But without explicit mention of restrictions in the court’s decision, the father must allow the mother to have overnight visits unless proven otherwise.

2. What must be the frequency and duration of supervised visits and video call facilities allowed if the child is 8 years old?

The frequency and duration of supervised visits and video calls are typically determined by the court based on the best interest of the child.

For an 8-year-old child, the court may recommend a regular visitation schedule that could include weekend visits, short holidays, or other reasonable arrangements based on the child’s emotional and developmental needs.

Video calls are also an option, especially if physical visits are not feasible. The frequency of these calls can be discussed and agreed upon by both parties, with the welfare of the child being the primary consideration.

In practice, supervised visitation may be arranged based on the child's emotional comfort, the mother’s relationship with the child, and any specific concerns the court may have.

3. Does the plaintiff have the right to deny entry to the home without his consent and request the defendant to pick up and drop off the child at the building reception?

The plaintiff (father) can request that the mother pick up and drop off the child at a neutral location such as the building reception.

The court may grant such a request if there are concerns regarding the safety or comfort of the child or the parents during exchanges.

However, denying the mother entry to the home without valid reasons (e.g., safety concerns) is not generally acceptable.

If the court has granted the mother visitation rights, including the right to enter the home for drop-offs or pick-ups, this should be respected unless there is a reasonable objection.

If safety concerns exist, these should be raised in court, and the court may issue specific guidelines for visitation and exchanges.

4. Can the plaintiff request the defendant to use an application (such as AppClose) to schedule visitation and video calls?

The plaintiff may request that the defendant use an app or platform (like AppClose) for scheduling visitation and video calls, but this would need to be mutually agreed upon by both parties.

If both parties consent to using such an app, it can help streamline communication and ensure clarity regarding visitation schedules.

If the mother does not agree to use a particular application, the father may need to seek further clarification from the court to see if such an arrangement can be made mandatory.

The court may issue an order to enforce specific methods of scheduling visitation if it deems that an app or scheduling platform is in the best interest of the child and helps facilitate communication between the parents.

Next Steps:

If you feel that the mother is not complying with the court's orders, you may wish to seek enforcement through the court to ensure that the visitation schedule and other rights are respected.

If either party wishes to modify the visitation arrangements or raise concerns about the welfare of the child, it is advisable to file a request with the court for further guidance or adjustments based on the child’s best interests.

Please feel free to contact me if you need any assistance in drafting a formal request or if you wish to take any further legal action in this matter.

Best regards,

Mohammed Salah

Legal Consultant

As per UAE law:

1. Denial of overnight stay: The father has the right to request supervised visitation and deny overnight stays if it serves the best interest of the child, provided it aligns with the court’s ruling.

2. Frequency and duration of visits: The court typically determines this based on the child’s welfare. Visits are often weekly or bi-weekly, with allowances for video calls as appropriate.

3. Denial of home entry: The father can request that pick-up and drop-off take place at a designated location, such as the building’s reception, if circumstances warrant.

4. Use of an app for scheduling: The father can propose using an app like AppClose to organize visitation and video calls, but it would require the mother’s agreement or a court directive.

For further specialized legal assistance, feel free to contact us via WhatsApp. We are experts in such matters and ready to assist you.

I wonder why the custody is not given to you.

Can you share the judgment?

We feel sorry for you as a mother, it’s very tough and we want you to have more than a visit.

So if you can send us the judgment, we can find you more effective solutions.

You don’t need to worry about charges we are humans before being lawyers.

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

The father cannot unilaterally deny overnight stays or enforce supervised visitation unless specified in the court order.

For an 8-year-old, supervised visits typically last a few hours weekly or biweekly, with video calls arranged by mutual agreement.

The father can request exchanges at a neutral location like the building reception, provided it aligns with court orders.

He can propose using AppClose for scheduling, but both parties must agree or seek court approval for mandatory use.

Overall, any changes to visitation arrangements should adhere to the court's ruling and prioritize the child's best interests.

It's advisable to consult with us for specific guidance on implementing or modifying visitation terms.

Thanks & Regards,

ABDUL WAHIED

The father has discretion for the over overnight stays but must consider what is in the child’s best interest.

Supervised visits may occur once or twice weekly with durations of 2-4 hours; video calls could happen weekly.

The father can deny entry into his home without consent. The use of an app for scheduling requires mutual agreement between both parents.

The plaintiff (father) can prevent overnight stays if not provided for in the judgment.

Visiting and calling arrangements are usually determined based on the age of the child and the circumstances of the case.

The plaintiff has the right to determine the location of the pick-up and drop-off of the child to avoid friction.

Apps may be used to manage communication if both parties agree or the court orders it.

If you need legal assistance in drafting motions or amending the judgment, contact us.