Questions & Answers
Questions & Answers
10 available 10 • View allCustody of children in the UAE
66
Q: We separated with my wife almost a year ago and my 4-year-old daughter stays with me and her nanny in my apartment full-time. I am taking care of all the expenses and supporting her with all needed. And I want everything to be the same after divorcing.
Would it be possible for me to get custody in this situation? What are the fees of the family lawyer in Dubai?

Jun 9, 2016
30135
Divorce proceedings and the right of custody


2
Q: If a married couple is filing for divorce and they have six children, what will happen to the children?
The children are between 8-18 years old. My question is, who has the right to take them and take care of them?



Jan 6, 2019
3578
The rights of husband in case of KHUL demand by wife

6
Q: In case of KHUL demand by wife, do I as a husband have the right to ask for compensation for all the expenses incurred during marriage and return of our gold given during marriage including mahr and money spent during marital life?
Is it mandatory for the husband to accept Khul when demanded by the wife for such marital discords?
In case of domestic violence by husband, what are the legal consequences here in the UAE?
And also what is the law for verbal abusive nature of the husband? There are phone recording and voice recording proof for this. Is it legal?
Can the husband claim custody of children? If the marriage happened in Dubai Sharia Court, can divorce procedure be done in India?
Can home country law be applied for the divorce proceeding in Dubai? Both of us are Indian.
How to issue a travel ban for kids?
How a father can take custody of children after 11 years of age? What are the requirements?


Apr 1, 2021
3120
Is it possible for a UAE court to oppose a judgment issued by a foreign country?
2
Q: My ex-wife and I are of the same nationality, non-Muslims. We were married at home country and were divorced back home in Feb 2021.
The court back home granted custody to me. The children are 16 and 9 - all living with me in the UAE. They all go to school here in the UAE. However, she refused to go back home and now is an illegal alien living here in the UAE with an expired tourist visa with overstay fines of more than 6000 dhs.
She just hired a lawyer here in the UAE to try to take back the custody. Can she do that? Or to be precise, can the UAE court meddle with the court decree of the home country?

Jul 28, 2021
377
Can the wife file for Khula in the UAE and will it be enforceable in India?

0
Q: I am married for 21 years with 2 children, 18 yrs and 10 yrs, based in the UAE. We have always had a difficult relationship but since I am a working woman I do not have to depend on him financially.
Until Y 2016, his company was paying for kids’ education and accommodation so I didn’t have to worry about that. When he lost his job, that also became my responsibility.
For the past 6 years, there is no support. I do not want to be married to him anymore and would like to proceed with Khula. Will the court ask me to compensate him in any way?
The kids and nanny are under my sponsorship, will immigration require me to cancel their visa and restart the process as a divorced woman?
We are Muslim expatriates. Will the court mandate him to provide child support even if I do not ask for it?
How much time will Khula approximately take?
And if you can, guide me on the cost. If I am divorced in UAE via khula, is this valid in India too?


Feb 17, 2023
226
My wife filed for divorce and lost then left the kids and country. What can I do?
0
Q: My wife put a divorce case and lost, then appealed, and lost again. The Court ordered her to go home for kids.
She left the country without informing me after that leaving her kids. Now she applied for khula from outside the country.
My case finished on 6 April 2023. She already didn't obey the court and ran out of the country. Now she applied for Khula also.
Should I apply for the execution of the previous order or desertion case?

May 18, 2023
242
How to get custody of children after my wife obtained khula?
0
Q: Dear Sir/Madam,
We are both Muslim and from Pakistan. My wife obtained khula in January 2023. We have one daughter who is 3.5 years old and one son who is 1.5 years old.
My ex-wife is now living with her boyfriend and is not remarrying because she is afraid of losing custody of the children.
Can you please advise me on what I can do to get custody of the children?
Thank you!

Jun 17, 2023
415
The financial obligations of a husband after a khula if he is in jail or jobless



1
Q: Dear Sir/Madam,
I want to get a Khula divorce. My husband is in jail. Is he liable to pay the rent and other expenses?
If he is released, he will be jobless. Will he still be liable to pay alimony?
Under what circumstances can I take him to court if he fails to pay alimony?




Aug 8, 2023
201
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
180
What are the wife's rights after Tafreeq (separation)? Does it lead to divorce?




0
Q: Salam Alaykum
What are the wife's rights after Tafreeq (separation)?
Does it lead to divorce?
Thank you for the answer in advance.





+6
Mar 17, 2025
83
Legal blog
3 available 3 • View allHighlight on the New UAE Child Protection Law 1
Parents have welcomed the UAE’s new child protection law which is a pivotal source to help to provide children and youngsters with a safer and happier living in the UAE.
May 18, 2016
1845
Custody & 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
3146
Joint Custody in the UAE Civil Personal Status for Non-Muslims 1
Joint Custody in UAE Law Article 10 of the Federal Decree Law No. 41 of 2022 on Civil Personal Status for Non-Muslims shines a spotlight on the significance of Shared custody following divorce. This article recognizes joint and equal custody as a right for both the father and mother post-separation or divorce.
Sep 28, 2023
391
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
49123

Other answers by
The tenant's right to refuse visits of potential buyers without prior consent 14
I am the owner and have legally notified my tenant regarding my intention to sell and have given her first right of refusal.
But she is not signing nor allowing me access to arrange visits for other interested clients.
What are my rights / legal steps to force a viewing
Feb 17, 2021
9731
The developer refuses to pay the money back after delivery delay due to force majeure 2
I am seeking legal advice to terminate the contract due to a delay in the project for a period of 16 months only.
The following is the details of the project as per SPA and some givens:
- 30% paid in installments (on time, no delay in payment).
- 70% to be Paid on Handing Over.
- Expected Handing over date: 1st April 2019.
- Longstop date of Handing over: 1st April 2020.
- Actual date of delivery announced by developer: 10th August 2020.
- Notification sent to the developer by myself to terminate the SPA and return the 30% paid amount.
- Developer responded that the notification is rejected as the delay is due to force majeure (Covid-19 Pandemic).
Question:
Do I have a winning case if I filed to court to return the paid amount?
Feb 17, 2021
653
Overstaying because a family member is tested positive for COVID 2
Our residence visa grace period expires soon. Because a family member is positive for Covid-19 and he is in-home quarantine, we are unable to fly within the grace time. What should we do?
Will we be fined?
Please guide!
Feb 17, 2021
833
Cancellation of a property purchase and refund for over-delay in handover 3
Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
Could you please help me by advising me what my situation can be?
Feb 1, 2021
867
Can a father claim the custody of daughter when the mother marries unfit person? 3
My wife and I got divorced 3 months ago, she has custody of our 6-month old daughter.
She wants to remarry but I disagree with the person she wants to remarry as he has a history of violence and abuse.
Can I have the custody agreement revoked?
Mar 26, 2022
759

Premium
Other answers by
Are there any restrictions on a diplomat buying property in the UAE? 2
Hello,
Is there any restriction on a diplomat buying property in the UAE, where he works as a diplomat at his country's consulate?
Feb 20, 2025
98
If someone has a case in the UAE, can they travel to another GCC country? 2
Hi.
One of my friends joined a Telegram group. They said, "We will transfer some amount to your account, and your task is to transfer this amount to another account. Once the task is completed, you will get 30 or 50 AED per task."
He completed 3 to 4 tasks, but he realized it was not good, so he stopped. After one week, when he opened his account, it was blocked, and the bank said, "We are conducting an investigation; after this, we will let you know."
After some days, he had an accident and went to his home country. He then received a call from a landline number, which was from the Abu Dhabi police station.
They said, "We have received a complaint against you; come to our investigation department." However, due to his surgery and treatment, he could not go.
After some time, his bank account was reopened, and he did not receive any further calls. I want to know, if he comes back to the UAE or goes to any other GCC country, will he face any problems?
If someone has a case in the UAE, can they travel to another GCC country?
Please advise!
Feb 17, 2025
176
What can I do if my employer refuses to pay me and I have no contract? 5
Hello,
What legal action can I take in case the employer refuses to pay my salary and I don't have a contract with them?
Feb 18, 2025
167
I want to open an online shop. Do I need a license to open an Etsy shop? 1
I currently live in Sharjah and have a UAE residence visa but I am not a UAE or GCC national. I want to open an online shop (Etsy or Shopify) to sell handmade items, such as crocheted goods, bookmarks, greeting cards, etc.
Do I need a license to open an Etsy shop?
If so, which license do I need to sell my products online, including UAE and worldwide?
How much would it cost me?
Can I keep my residence visa (sponsored by my father) and not change it?
Feb 14, 2025
170
How can we locate a person with an ongoing legal case? 1
Hello,
I am seeking your legal advice regarding a friend who was previously imprisoned in Abu Dhabi. His case there is now closed, but he has another ongoing case in Dubai.
Currently, we have lost contact with him and are unsure of his whereabouts. How can we check where he is or access any other legal facility?
Are there legal procedures to locate a person with an ongoing case?
What steps should we take to get more information about his status and legal position?
Feb 11, 2025
192

Premium
Other answers by
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
Apr 30, 2025
17
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Apr 30, 2025
9
Does filing an online rental dispute by a landlord lead to a travel ban on the tenant? 0
Hello,
Does the initiation of an online rental dispute case by a landlord in Dubai automatically lead to the imposition of a travel ban on the tenant?
This is not related to bounced cheques; the dispute concerns wear and tear versus damage claims by the landlord.
Apr 28, 2025
14
How can we claim our money back if the cheque we received have bounced for insufficient funds? 0
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
Apr 28, 2025
35
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer