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Dubai, UAE

Keeping custody of daughter due to the non-payment of maintenance

Assalamu Alaykum.

Please advise me. My daughter turned 13 and I know my custody already ended. Her father did not support her financially for the last 8 years. He rejected all of the help I asked.

Can he file for the custody of my daughter in Dubai Court?

Is there any time frame for him to file?

Will the court give my daughter to him?

Thank you!

Aceptive Legal Consultants
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26 Apr 2020, 08:10

Dear questioner,

We can help you to retain your daughter's custody with you. further, you can claim the maintenance from your husband which he has not paid after the judgement.

To maintain the child custody to be with you, It's better you open the case as early as possible.

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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Dar Al Haqooq Legal Consultancy
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26 Apr 2020, 10:24

If he filed a case, you can defend and retain and you can claim maintenance.

If you need any further assistance, you can call me.

Thanks

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Abdulhamid Yousuf Albulooshi Advocates & Legal Consultants
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26 Apr 2020, 20:50

The law permitted to extend the custody of the girl to her mother until she gets married.

It is possible for your husband to file a suit to take the girl, so you will ask the judge to extend custody for you. And the girl’s opinion on that can be taken if the judge wants that.

Thank you.

Bin Eid Advocates & Legal Consultants
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28 Apr 2020, 08:37

He is responsible to pay the child maintenance amount as ordered by the court if he is in the UAE and working. It's not possible to avoid this.

He may file for custody but as you mentioned he is not giving maintenance hence, he is not following his responsibilities as a father.

Therefore, the court will look into all these aspects before transferring the custody and most probably the court will not transfer the girl's custody to him and you can extend it until her marriage.

The personal status law of UAE Article 156 states:

"1. The custody awarded to women shall terminate when the male child reaches eleven years of age and the female thirteen unless the court decides for the child's interest to extend this period until the male becomes of age and the female gets married.

2. The custody awarded to women shall last if the child is demented or infected with a disabling disease unless the child's interest requires otherwise."

Please contact me directly by phone or email for further consultation.

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