I got limited supervised visits for my kids befor divorce and I want increased visitation. What to do?

Dear D.,

Thank you for reaching out and sharing the details of your current visitation arrangement and concerns regarding your child.

We understand the importance of maintaining and strengthening your bond with your child, and we commend your consistency in fulfilling your parental obligations.

In reference to your query regarding seeking expanded visitation, potentially including overnight stays pursuant to Federal Law No. 41 of 2024, Article 121, Clause 1, you are indeed entitled to request such visitation.

As stipulated, in the absence of mutual agreement between the parents, the court shall evaluate and decide based on the best interests of the child.

To proceed, and considering your current visitation order was issued prior to the divorce judgment, you will need to file a new Family Case (FIC) requesting a modification of visitation rights.

This is not a petition order case, but rather a substantive application where you may present your supporting evidence (such as proof of regular financial support, consistent visitation, and the child’s emotional well-being in your presence).

Once the case is filed, it will go through the Family Guidance (FG) procedure, where both parties are initially invited to reach an amicable agreement. If reconciliation fails, the matter will be referred to the court for adjudication.

We are ready to assist you in drafting and filing the required documentation, presenting your case before the FG, and representing your interests before the court, if necessary.

Should you wish to proceed, please let us know a suitable time to schedule your consultation so we can begin the necessary preparations.

Kind regards,

Mohammad Salah

Legal Consultant

Dear Mr. D. K.,

Thank you for reaching out.

Based on your situation and in light of Federal Law No. 41 of 2024, Article 121(1), you may indeed request expanded visitation rights, including overnights, if it's in the best interest of the child.

Given the current court-issued visitation arrangement, a formal request must be submitted to amend the existing visitation order.

Whether to proceed with a Petition Order Case or an FIC (Family Initiation Case) depends on the exact procedural history and status of your current visitation ruling.

Each path has legal implications, and choosing the correct route is critical to avoid delays or rejection.

We recommend scheduling a legal consultation to review your documents and advise on the most strategic approach. You may also authorize our office to represent you directly.

Book a consultation today through our website or contact us to initiate legal representation.

Best regards.

A FIC lawsuit must be filed, not an order on petition.

The process always begins with filing a request with the FG Settlement Division.

You have a strong chance of modifying visitation to include overnight stays, especially given your full commitment to support and the documentation of the relationship.

You cannot be forced to remain in supervised visitation indefinitely, unless there is a risk to the child (which is not apparent in your case).

Thank you for sharing the details of your situation.

Based on UAE family law, particularly Article 121(1) of Federal Law No. 41 of 2024, since you already have a court-ordered visitation arrangement and seek to expand it to include overnight stays, the appropriate step is to file a Petition Order (طلب أمر على عريضة) with the Abu Dhabi Family Court.

This type of case is designed specifically to modify or extend visitation rights when there is no mutual agreement between parents, and the court decides based on the child’s best interests.

An FIC case is typically reserved for custody disputes or enforcement issues, so it’s not a suitable route for your current request.

I recommend proceeding with the Petition Order to formally request increased visitation, supported by your consistent alimony payments and the strong bond you share with your child.

We can assist you in preparing and filing this petition to improve your visitation rights effectively. Please let me know if you would like to schedule a consultation to discuss the next steps in detail.

Since the divorce has already been finalized, and you are requesting to amend or expand visitation rights to include longer visits and possibly overnight stays, the appropriate legal route is to file a substantive case (FIC - Family Issues Case) before the competent court.

Here are the reasons:

A petition order is typically used for urgent or temporary matters, such as issuing an interim decision pending a final ruling in a substantive case or to prevent imminent harm.

In your case, where you seek to permanently or long-term modify the visitation arrangement (including overnights), this requires a judgment in a substantive case, as the court will assess the best interest of the child and issue an enforceable decision.

Since Article 121 of Federal Law No. 41 of 2024 grants the right to request overnight visitation and refers the matter to the court in case of no agreement, you will need a substantive case (FIC) for the request to be fully considered.

We recommend filing a substantive case in accordance with Federal Law No. 41 of 2024. You may review this matter with your lawyer, or our team would be honored to assist you.

We would be pleased to support you with filing the case, following it through court, and securing the judgment.

Our contact details are provided below. Should you wish to work with us, we would be happy to cooperate with you.

Kind regards,

Alya Alzeera

Lawyer & Legal Consultant

Licensed in the UAE and Bahrain