Questions & Answers
Possibility of changing custody in case of changing country
I am a US citizen (father of a 9-year-old).
I recently got divorced and have sole legal and primary physical custody of my child. My wife is allowed only 1 visit with my child (for 2 hours each week, under the supervision of a 3rd person).
My wife has unaddressed mental health issues. This is documented in the Parenting Plan and Divorce Decree.
If I move to outside the UAE, can my wife again file for revision of custody?
Will my US divorce and parenting plan be considered by the courts in the UAE?
Dear questioner,
To avoid this unnecessary situation, kindly get your divorce judgement attested in the UAE embassy situated in the US. Your problem will be solved
Kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.
Dear Questioner,
Your ex-wife can only raise a case at the courts in the UAE if she becomes a resident of the UAE.
To avoid any complications you can attest the court decree at the UAE embassy in the US, and once you arrive here, subsequently attest it at the Ministry of Foreign Affairs.
Good Luck.
This matter is more complex than appears at first glance, however, I will provide an answer based on your representations.
In brief, your wife can file a case. However, your defense could be based on two elements. Firstly, the case has already been adjudicated in the US.
And, secondly, as the child's father, you are the legal guardian under the UAE laws. In the UAE, there is a distinction between a legal guardian and a custodian.
In preparation for your move, I highly recommend you fully legalize all of your child's documents for use in the UAE.
These documents should include but are not limited to, the birth certificate, and divorce and custody documents.
Should you require further tailored substantive legal advice, kindly contact my firm by phone or email for options on moving forward.
Regards,
Ludmila
