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Dubai, UAE

Right of the wife to move with children after divorce

We are in the process of getting a divorce and we have 3 kids. Custody will likely be given to the wife and guardianship to father.

Can she take the kids and move from our current home in Dubai to Abu Dhabi just because she works there?

Our family has lived in Dubai since 2004, my current job and kids school are also based in Dubai.

Please advise.

Aceptive Legal Consultants
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19 Apr 2020, 04:23

Dear Questioner,

Every case is different. After divorce, your wife can move to Abu Dhabi as she is working there.

We can help you with this case.

If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.

Elnaggar & Partners
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19 Apr 2020, 06:35

Dear Questioner,

In which stage is your divorce file?

I suggest you reach a settlement with your wife regarding your children (regrading your visitation program, regarding birthdays, regarding their residence address, schools...etc.).

In case you need our support, please approach me at my email.

Best regards,

Raluca Gatina

Nour Attorneys & Legal Consultants
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19 Apr 2020, 07:52

Dear Questioner,

In General, Yes, as she is the guardian, and it will not have an impact on their performance in school and if you both agreed on that.

If you have a dispute about it, then the court will issue its decision, which will be in favour of the guardian as it is not a big deal to move from Dubai to Abu Dhabi.

You have to reach a settlement agreement regarding other matters to save yourself any troubles in the future.

Contact us to provide you with legal advice or legal services on the contact details below.

Taken Care & Answered by,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

21 Apr 2020, 09:03

Thanks Mohamed.

But the mother is not the guardian, the father is. The mother is only the custodian.

Can the custodian take children from their current home and school and move to Abu Dhabi after divorce?

21 Apr 2020, 17:38

Yes, the custodian can have the kids to Abu Dhabi unless you objected to this in the Court.

If you object to the Court, then you shall have a convincing reason for that.

Otherwise, the Court will consider that movement from Abu Dhabi to Dubai is fine.

Better to have an agreement on all subjects if you are settling the matter amicably.

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