Questions & Answers
Representation of a parent in a custody case while he/she is abroad
Hello,
I just want to know if a lawyer can represent me in a custody battle of my children while I am away from the country and manage the whole case and win custody for me while I am still outside the UAE.
Hi,
You have not mentioned facts of your matter, therefore, hard to guide you.
UAE personal law provides "Article 143", the custodian must be:
1. of sound mind.
2. of legal age and major.
3. honest.
4. capable of bringing up, protecting, and caring for the child taken in custody.
5. safe from dangerous infectious diseases.
6.........
Article 144, in addition to the above conditions, the custodian:
1. If she is a woman:
a. must not be married to a foreign husband who has consummated marriage with her unless the court decides otherwise for the interest of the child.
b. must unite with the child in religion subject to the provisions of Article 145 hereof.
2. If the custodian is a man,
A. he must have a female qualified for custody.
B. he must be a mahram (unmarriageable) relative to the child if female.
C. he must unite with the child in religion.
1. The custody awarded to women shall terminate when the male child reaches 11 years of age and the female 13 years unless the court decides for the child's interest to extend this period till the male becomes of age and the female gets married.
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