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Dubai, UAE

Possibility of losing custody if an extramarital affair is proven

My question is that my ex-husband and I had a very ugly divorce in 2018 where both parties were involved in extramarital affairs.

I moved back to Canada while he's in Dubai. It's been 2 years that my ex hasn't taken any responsibility for our 3-year-old daughter.

He has threatened me if I take him to court he could get ugly by proving them that I had extramarital affair during our marriage by showing them pictures.

Could that result in me losing the child custody?

Could I still apply for child maintenance?

Would he be accountable for paying it?

Could it be a problem if he shows the court the pictures after 2 years of the divorce and which could result in me losing my daughters custody?

Please let me know. I will be very thankful.

Dr Amira Al Bastaki Advocates and Legal Consultants
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22 Apr 2020, 06:49

According to the UAE law, you can claim alimony for children.

And if your ex-husband has any reason to give up custody of your children and he fails to provide them within 6 months of knowing the reason, he loses his right to claim custody.

And you can contact us via email.

22 Apr 2020, 14:34

So does that mean even if he tries to prove I've cheated on him during our marriage he would not be able to get the custody as it's been 2 years since our divorce that he hasn't provided for the child?

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Ibrahim Al Banna Advocates & Legal Consultants
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22 Apr 2020, 19:53

We can file a case for Child maintenance here in UAE on your behalf. Please send your inquiry to our email.

22 Apr 2020, 20:51

What about child custody?

Could I lose the child custody if he's able to prove that I've cheated on him during the marriage?

Or any other problem?

22 Apr 2020, 21:03

How can he prove it?

Aceptive Legal Consultants
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23 Apr 2020, 04:54

Dear questioner,

Relationship outside marriage is considered a criminal offence in the UAE.

But the validity of any criminal offence is only 6 months. Therefore your husband can not use the above-mentioned reason for getting child custody from you.

Further, we can assure you that child custody will remain with you and at the same time, you can claim maintenance from your husband.

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

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