Questions & Answers
Questions & Answers
8 available 8 • View allThe right of claiming child custody by the father

0
Q: Child custody question. Divorce in Dubai. Minor son is 4 years old.
If the father is Muslim and mother is non-Muslim, what are the requirements of the father to get custody of the child?
Is the relative who has to stay with father required to be a Muslim? Will a 1-bedroom apartment be sufficient?


Dec 24, 2018
1908
Claiming back the custody of children by husband
2
Q: Dear,
I have been recently divorced in Abu Dhabi. My ex-wife converted to Islam in order to get a sharia divorce, though during our marriage she's always been a Christian.
She has gained custody of the children, I had guardianship.
As I had no employment in the UAE, end of March, I had to return to Belgium. Since then she has blocked any contact with my 2 boys.
This weekend, I found out she is pregnant and is living with her boyfriend and my children in our flat (we own it) in Abu Dhabi.
On top of that, she has stolen most of my belongings (family souvenirs, all my photography equipment).
I want to know what I could be doing, being in Belgium right now. I want to get my kids, I don't want her to get away with being pregnant, unmarried (she made me suffer and accused me of many lies).
Her law firm is Al Rowaad!

Jul 2, 2018
3197
Giving child custody to father in case of divorce




3
Q: Hi,
In the case of divorce, child custody will go to who?
I am the mother and my baby is 5 months old. Is there a chance that the child will be given to the father?
And what are the reasons if the child will be given to the father and not the mother?





Apr 19, 2020
1656
Is it possible for the father to claim the custody of son who wants that?

2
Q: Hello,
I am an Indian living in Abu Dhabi since 2007 and my wife who is now on her company's employment visa moved out to a separate house beginning of 2021 along with my 6-year-old child (who's also on her sponsorship visa).
Now she's not letting me meet with my son whereas my son has clearly expressed that he wants to stay with me permanently and doesn't want to stay with my wife.
What are my legal rights in terms of:
a) Visitation rights
b) Custody of my child
Best regards


Feb 25, 2021
621
Does the ex-husband need a special nanny for his daughter after winning custody?

0
Q: I’m divorced from my husband. He is a UAE citizen and I’m from Europe. We have a 4-year-old daughter who lives with him after divorce.
One thing that concerns me is that he doesn’t have a special nanny for our daughter.
Is it required by law that after divorce if the father gained custody over the child he has to have a special nanny for the child?
He lives with his mother but she is around 65 years old. And there is a housemaid who does all the housework including cleaning, cooking and she is the one looking after my daughter.
So does he need a special nanny for the child or is it considered that his mother has to look after our daughter despite her age?


Jun 21, 2021
334
Can I take custody of my daughter if my ex-wife is living with her boyfriend?
1
Q: My ex-wife is now living with her boyfriend. And she has custody of our daughter.
When I asked my daughter if that guy is living with them, she said that her mother told her it was a secret from me and not to tell me anything.
Obviously, my ex is refusing that he is living with them.
Can I do something about it?

Mar 17, 2022
258
Can my ex-husband take my son away from me if I get remarried?


1
Q: Dear Sir/Madam,
I finally got divorced from my husband due to abuse and lack of financial support since marriage. We have a son together, but he is not paying for his son even though I have a court order that he must pay child support monthly.
My question is:
I want to get remarried, I know that he can take my son away from me. Is there any way I can get remarried in the UAE or outside without him taking my son?
He has not asked to see or spend time with his son in over a year and a half, and my son is only 2 years old.



Sep 12, 2023
148
Should I raise a case for child custody if my ex-wife is alcoholic and left us alone?




0
Q: A police complaint was filed for physical assault and alcohol abuse. The wife left home without the child and later was interviewed by social support.
The wife was guilty after admitting the truth and gave a written statement to visit a psychiatrist and take therapy. She didn't adhere to the agreement.
Followed by a court case, divorce was granted to the husband based on infidelity, neglect, alcohol abuse, failure in maternal duties, verbal abuse, and misuse of social media under article 7 of federal law 41 of 2022, and the wife was obligated to pay expenses and fees under Article 133 of the Civil Procedures Code.
The child has been physically with the husband since October 2023 and the entire expenses and well-being are taken care of by the husband.
The ex-wife irregularly visits the child, doesn't provide personal or financial support, forces the husband to give the child a passport and doesn't want to raise it with the court, and continues to distress claiming that she has not given custody of the child.
Should I raise a case for proof of custody or child custody?





+2
Oct 23, 2024
77
Legal blog
2 available 2 • View allChoosing the Jurisdiction of Expatriate Divorces in the UAE 7
An interview-format article covering the topic of divorce for expatriates in the UAE and seeking to apply the laws of their countries. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 13, 2020
2925
Custody & Guardianship in the UAE 4
An interview-format article covering the topic of custody and guardianship in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 6, 2021
3097
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49072

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226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice 0
Hi,
We recently bought a villa in Dubai. We are looking for an advocate for legal advice.
Even though the old owner gave the tenant a 90-day notice about the new rent, the tenant is not agreeing to the notice because it didn't come from us.
Since the renewal is in October and we bought the property in September, we don't have 90 days to notify the tenant of the new rent.
The tenant agreed to the new rent in an email with the old owner 90 days ago. Can we dispute this?
Sep 25, 2023
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We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 0
My family and I had an accident. The incident occurred the very next day of their arrival in the UAE on a residence entry permit and their visa//health insurance was still in process.
With gods grace, everyone was discharged from the hospital on the 3rd day after many tests and keeping us under observation. We were slapped with a hefty bill as my family was not holding any health insurance.
What are the chances that I could claim the medical expenses through the vehicle insurance, as it covers co-passengers as well?
May 29, 2023
231
My brother's wife got pregnant with another guy. What happens if he files a case against them? 0
My brother's wife got pregnant with another guy. He wants to file a case against them.
What will happen to them if ever?
May 4, 2023
301
What can I do if a company hired me then changed their mind? 0
I am working in a company and their management is the worst. They made an interview in India and called me.
After calling me here, they again made interviews and made me work for 1 month. And now, they're telling me I am not capable of work and they are mentally torturing me.
I have given them 1.5 lack in office in India and here they are not paying me any salary. I am going into depression as I am not getting any solutions.
The only solution coming to my mind is a suicide, I don’t have any other options left. I have taken money in interest and people are daily coming to my house for money.
Please guide me in a proper way on what I can do.
Apr 18, 2023
195
What happens to the company and its operations if one of the partners is deceased? 0
X Real Estate LLC is a newly formed LLC company in the mainland (DED) with 10 partners, 9 of them Indians and one Pakistani.
As per the new provisions, the company is owned 100 % by expatriate residents. The company’s business is buying and selling real estate in the UAE.
Query:
What happens to the company and other partners, when one partner dies with or without a will?
Can the remaining partners continue to operate the bank account or it will be frozen?
Are the operations of the company frozen? Can the remaining partners carry on the business as usual, buy, rent, and sell the properties?
Can the partners pay the share of the deceased partner to his legal heirs and distribute his share among the remaining partners?
Will this affect the other businesses of the remaining 9 partners in any way?
Feb 27, 2023
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View allThe tenant's right to refuse visits of potential buyers without prior consent 0
I am the owner and have legally notified my tenant regarding my intention to sell and have given her first right of refusal.
But she is not signing nor allowing me access to arrange visits for other interested clients.
What are my rights / legal steps to force a viewing
Feb 17, 2021
9716
The developer refuses to pay the money back after delivery delay due to force majeure 0
I am seeking legal advice to terminate the contract due to a delay in the project for a period of 16 months only.
The following is the details of the project as per SPA and some givens:
- 30% paid in installments (on time, no delay in payment).
- 70% to be Paid on Handing Over.
- Expected Handing over date: 1st April 2019.
- Longstop date of Handing over: 1st April 2020.
- Actual date of delivery announced by developer: 10th August 2020.
- Notification sent to the developer by myself to terminate the SPA and return the 30% paid amount.
- Developer responded that the notification is rejected as the delay is due to force majeure (Covid-19 Pandemic).
Question:
Do I have a winning case if I filed to court to return the paid amount?
Feb 17, 2021
626
Overstaying because a family member is tested positive for COVID 0
Our residence visa grace period expires soon. Because a family member is positive for Covid-19 and he is in-home quarantine, we are unable to fly within the grace time. What should we do?
Will we be fined?
Please guide!
Feb 17, 2021
773
Cancellation of a property purchase and refund for over-delay in handover 0
Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
Could you please help me by advising me what my situation can be?
Feb 1, 2021
833
How to prepare a Will for non-Muslim in the UAE 0
I’m Christian and my husband is Muslim.
Can I still have a Will that allows me to choose who gets what if I pass away in the UAE, including the guardianship of my 3-year-old son?
Feb 25, 2021
413

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177 177 answers •
View allHow to liquidate a free zone company after the death of one partner 0
I am a company owner In Shams free zone of 50 per cent share and have a partner visa. My partner was a Russian who went to Russia and died.
When I went to the free zone to cancel my visa and close the company, they have asked me to get his attested death certificate and NOC from his heirs.
The problem I am facing is his family doesn’t want to give the death certificate nor they want to give NOC. Now my resident visa validity is over and I am on fine every day.
Neither the free zone is cooperating nor the partner's family. What is the other way I can cancel my visa and close the company?
Can someone guide me, please?
Apr 19, 2021
690
How the objection of a client be dealt with after being notified for termination by DLD? 0
I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement.
The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment.
On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me.
In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021.
30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement?
In this case, will the time I have to make the payment be extended by any period?
Apr 19, 2021
1408
Opening a trustee with wife and signing a postnuptial agreement 0
I would like to open a trustee with my wife and sign a postnuptial agreement.
Apr 19, 2021
456
Closing a business while the local service agent is not reachable 0
Hi,
We have a professional services license (2 partners) + 1 local service agent registered with DED, Dubai.
The partners wish to close the business because of unavoidable circumstances. We wish to proceed with all the necessary paperwork for cancellation.
Unfortunately, the local service agent is not available. We have been trying to connect to him multiple times but have not been able to reach him.
The due date for the renewal of the company is coming up and we want to proceed with all the paperwork for cancellation prior to that.
Kindly advise us about the options if the local service agent is unavailable.
Apr 19, 2021
805
Returning to the UAE to run business after being convicted with a crime 0
Hi,
I want some information regarding my uncle. He was arrested in November 2015 and was in prison until 13 June 2016 when he was deported to Pakistan.
The reason for the arrest was that my uncle had his own business in Sharjah and he was involved in a case where his employee accused him of attacking him and other allegations. He was arrested and convicted.
He needs to reenter the country as he has his business in Sharjah but I believe he is blacklisted/banned. How can I find out if he is blacklisted/banned and how can it be removed to allow my uncle to reenter the country and take over his business?
Is there any way of helping to resolve this issue?
I know that if he enters on a visa, he could be arrested at the airport, and don’t want that to happen.
Thank you!
Apr 5, 2021
507

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Hello,
What countersuit can I file against an employer who filed a false absconding case against an employee?
Apr 15, 2025
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Is a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
Apr 15, 2025
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What are the penalties for not returning from vacation after several months or a year? 0
Hello,
Good afternoon!
Can somebody tell me what happens if someone went on vacation and didn’t come back in one month?
What penalties will they face if they want to come back after 1 year or after some months and not to the same company?
Apr 15, 2025
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What to do if the bank filed case on me using security cheques and executed travel ban? 0
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
Apr 15, 2025
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Will changing the ownership of the company affect my end-of-service benefits accrued for 6 years? 0
My company changed the boss, but the company name is still the same.
Is there any way I can't get all my benefits for 6 years?
Apr 8, 2025
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