Questions & Answers
Questions & Answers
7 available 7 • View allFiling a case for child custody and maintenance

0
Q: Dear Sir,
My husband and I are separated. I have a 7-month-old baby to whom he provided no support whatsoever, however, he is holding all her IDs with the intention of harming me.
Would it be possible to open a case and ask to be the guardian and custodian of the baby, so that all the rights will be with me and the so-called father will have no responsibilities nor rights over the child?
Thank you.
Best regards,
Fatma


May 31, 2018
1698
Can the ex-husband ask for the custody of the kids upon their mother's marriage?
4
Q: I am a French Morrocan Muslim woman. I got married to a Jordanian man in Dubai at the court; Islamic wedding. We moved to Jordan. We had then 3 kids. We got separated. Two years and a half later, I had no news nor any financial help whatsoever.
I asked for a divorce from France. The judgment is soon. I don’t know if he divorced me. I am moving soon to the UAE with my kids and my new fiancé. Am I safe to go live in the UAE?
Can my ex-husband ask for the custody of the kids or did he lose it forever?
Are we subject to UAE, Jordanian or French law?

Nov 27, 2021
412
The custody of a three month child before divorce

1
Q: Hello,
I have submitted a divorce request with Al Adheed. As this process can take a while as both parties are not agreeing with each other terms, during this time, who has custody of the child?
My child is 3 months old. My husband left the marital home one year ago and my son currently lives with me. If the custody is with the mother, where can she obtain written proof that custody is with her to show the father?


Sep 27, 2022
185
Can the son decide on whom to stay with if the father claims custody?



1
Q: Hello,
I have a question.
My brother turned fourteen and he is with my mother and he does not need anything and he is getting 100% in his school.
So now my father wants him back, will he get asked with whom he wanna stay or he will be forced to transfer to my father's house?




Oct 27, 2022
308
Does physical custody mean that my ex wife can change my sons name



0
Q: Hello,
Does physical custody mean that my ex-wife can change my son's name or not?
She doesn't have legal custody only physical and I have visitation via video because I live overseas.




Sep 8, 2023
111
Child wants to stay with mother, but father wants custody. What can be done?




2
Q: Dear Sir/Madam,
If the child of divorced parents is 14, does the child get to choose who they want to live with?
The father is asking for custody, and the child doesn't want to go with the father.
What actions can be taken to prevent the father from taking full custody of the child?





+1
Oct 5, 2023
407
What’s the difference between proof of custody and claiming child custody?




1
Q: Dear Lawyers,
What’s the difference between proof of custody and claiming child custody?
Should I request the Dubai court to provide an NOC to judicially establish proof of custody?





Oct 22, 2024
62
Legal blog
2 available 2 • View allCustody & Guardianship in the UAE 4
An interview-format article covering the topic of custody and guardianship in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 6, 2021
3072
Hidden Asset Discovery - A Case Study 3
The goal of conducting a covert asset inquiry is to discover and recognize assets such as real estate, funds, shares, etc. that have been hidden by one individual from another. Typical situations where conducting a covert asset investigation might be necessary include divorce. Many times spouses try to conceal assets to impact property division or the amounts given in monthly alimony or child support during divorce proceedings.
Oct 1, 2024
66
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49053

Other answers by
9 9 answers •
View allRecovering an amount lended to investors with security cheques 0
I had given a cash loan of 1.2 million to a restaurant owner in Dubai for 1 year, on a PDC security.
They served me some profit for almost a year, and when the date of repayment came, he started giving me different dates.
I bounced the cheques and complained in Dubai police, the police have opened a case and put a travel ban on the signing authority.
While running out of the country, the lady who was the signing authority was arrested and sent to the police station and from there to the public prosecution.
They used some links and skipped out of the country although the company and other partners are still in Dubai.
Please advise me what should be done to recover the amount, as the signing authority ran away.
Jun 11, 2019
564
Liability of company partners against the actions of a partner 0
Can I be held financially/legally liable for any actions of my ex-partner after exiting the business by share transfer?
May 14, 2019
1203
Breaching contract by the service provider and possible action 0
Compensation for poor performance & false accusations.
We hired a consultancy agency to provide us with their services. During our working relationship, the deliveries were consistently late, and the service was unreliable.
We gave them numerous chances to improve performance and meet timelines.
The details of these problems have been communicated to them repeatedly but they did not address the problems in a timely manner, causing us extra expenses in addition to mental and emotional agony.
During the project, my father passed away & they have used this matter as an excuse to pause work on the project without notifying us causing us further delays.
Recently, we serviced them a notice for contract termination for their failure to adhere to mentioned services.
In response, they have wrongfully accused me of talking badly about their staff & making insulting & inappropriate comments about their work which have made the working relationship difficult.
Do we have legal rights to pursue?
May 14, 2019
580
The procedure of status check due to unpaid loans 0
Hello,
I need to know if my husband has any open loans in the UAE, open police cases or travel bans. How to know this?
Thanks
May 10, 2019
463
Right of the child to decide the custodian after divorce 0
Is there a law or decree stating that a child (age 14) cannot be forced to live with one parent, in particular, if they do not want to (after a divorce)?
Does the child have the choice?
May 9, 2019
2204

Other answers by
8 8 answers •
View allCancellation of an off-plan property while an SPA is not signed and the project is completed 0
I booked an off-payment plan in 2016 for a residential project in Dubai.
As per the booking form, the expected completion date of the project was Dec 2017. The project was completed recently in Feb 2021.
I paid 30%in installments and the remaining, 70%, is due for payment now at the time of handover.
I only signed the booking form in 2016. Neither developer initiated the reservation agreement and SPA nor I approached the developer till 2019.
I did not approach because I was not aware of any such documents. Due to significant project delays, I applied in Jan 2020 for a request of refund.
Afterward, I continuously followed up for the whole year. Now, they sent me the final notice that the project is completed and if I do not pay the remaining amount within a month, then my unit will be canceled.
I would like to ask:
Based on the above facts, what are my legal rights to claim a refund or compensation as I don’t sign the SPA and I already paid 30% of the amount to the developer?
Apr 18, 2021
1706
Non-competition clause and dues upon resigning for holding salaries 0
Dear Nadine,
I have recently resigned from my company based in Dubai due to non-payment of my salary for the last three months (Apr/May & Jun 2019).
I resigned on 11th June 2019 and served my notice period till 30th June 2019. My company requested to serve 30 days’ notice period which I refused to serve DUE to non-payment of salary.
Finally, I requested them to cancel my visa which is under process and soon it will get cancelled hopefully by this weekend. I have also requested them to pay my dues/others which include:
1) Salary for three months
2) 6 years gratuity
3) ALL of 10 days
As per my employment contract, an employee may not take up any employment directly or indirectly through a subcontractor with the client of the existing employer for a period of one year after the last day of the service period.
Under the above scenario, can I join my ex-employer – client directly or indirectly through a subcontractor?
Please advise.
Regards,
S. H.
Jul 2, 2019
533
Withdrawing a labor case to cancel a work visa 0
How to withdraw a labour case from the labour court?
What is the procedure to cancel the work visa? (the company is not ready to cancel my visa due to the labour case).
Jun 22, 2019
5755
كيفية التصرف عند إنهاء علاقة العمل عبر مكالمة هاتفية 0
مرحبًا،
في 17 يونيو عند الساعة الواحدة ظهرًا، تلقيت مكالمة هاتفية على رقمي الشخصي من ابن صاحب الشركة التي أعمل بها كمدير تنفيذي منذ 2009 ليخبرني أنه بسبب الوضع المالي السيء للشركة، فقد قررنا الاستغناء عن خدماتك.
وحتى هذه الساعة لم أستلم أي إخطار كتابي، ومازلت أمارس عملي كالمعتاد.
أرجو إفادتي بالمتوجب عمله حتى أحمي حقوقي المالية!
Jun 26, 2019
310
Immediate resignation without notice and its repercussions in the UAE 0
Good day,
In my situation, I've completed 6 years of counting including my joining date. My visa will expire in August but now I want to resign immediately/same day.
Can you advise me what I am going to do?
Thanks a lot.
Jun 23, 2019
5860

Other answers by
81 81 answers •
View allCan a company change the holidays of the UAE for expat employees to their country's holidays? 0
Hello team,
I have a Chinese team in a Dubai-based company, they are working in Dubai itself.
Can we exempt them from Dubai national holidays and provide holidays related to China national holidays?
Can you please suggest something?
Jan 4, 2023
304
What should you do when you get a police call without knowing the reason? 0
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about.
I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
2534
Partner's liability while other partners are outside the country 0
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country.
The company bought things for AED 50k which was not paid back and now they filed a case.
What will be the liability for my wife? she is not the manager of the company.
What will be my wife's liability for that company?
Feb 4, 2021
500
Trade license and banking legality for any kind of trading activity 0
Hi Sudhanshu,
Hope you are well.
What are my rights for establishing an e-com business meant for trading outside the UAE.
1) Do I still need the UAE trade license?
2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time?
Best regards,
A.
May 19, 2020
495
Filing criminal and civil cases against a company for cheque bounce 0
Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
1672
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