Questions & Answers
Claiming the custody of an 18-year-old son by the father
Until the 5th February 2016, I was in the UAE. Now, I am in Pakistan and my 18-year-old son is living with his mother in the UAE.
Can I apply for the custody of my son from my home country?
Dear Questioner,
Kindly note that the UAE personal status law, the Federal Law no. 28 of the year 2005 regulates the custody issues and clarifies the terms to arrange such relationship between the mother/father/children from Article 142 to Article 158.
Perhaps it would be a good practice to read it for guidance.
Each family has its own circumstances and each case is different, and that is why we believe the best way to advise you is to understand more about your case before we recommend you a step or say if you can or you cannot do something.
For example, we do not know from your question whether you are still married to the mother or not?
Does the religion of the mother unite with the religion of the son?
Is the mother married to another man or not?
Did she get the custody by rule of law or it was agreed between you two?
All such questions and other questions may affect our advice. So, we would prefer to have more details in order to advise you correctly.
We recommend you to get in contact with us for a one-hour session through phone or video conference to speak about your case, and we will be happy to advise you accordingly.
Best regards,
Ahmed Elnaggar
ae@elnaggarlegal.com