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Abu Dhabi, UAE

Claiming back the custody of children by husband

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!

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2 Jul 2018, 12:12

Dear Questioner,

Please note that this case is complicated because your x-wife is a Muslim now, while you are not. We need to understand as well if your boys are declared Muslims or not.

How far are you with the divorce proceedings? Is it all done?

Also, since you are the guardian, how far is your x-wife locking you from contacting your boys?

Can you speak to them on the phone and see them in visits or no?

On the other hand, how far is she with the pregnancy and how do you know about it? Can you prove it or is it just news you heard?

Knowing all the above and more will help us give you a good preliminary advice.

As in general, if your boys did not declare Islam yet and not registered in the UAE as Muslims, you can file a case against her for the custody because of the facts you are claiming as they contradict with the UAE and regular norm of decent values to raise children.

I believe we should have a conference call to discuss more details about your situation and see what can we help you with.

You can book such a call with my office through admin@elnaggarlegal.com

Regards,

Ahmed Elnaggar

2 Jul 2018, 12:25

Thank you for your quick reply.

She converted, but I will refuse any conversion of my children.

I have had zero contact with my children since 24 March. She has changed her phone number.

When I request contact via email, she doesn't reply. As I'm in my country now, there is no other way I can contact her. My children are very young.

When I was in the UAE, the court had organised a weekly visit.

I have heard for the first time about the pregnancy, but only from one friend having seen her from far, at the beginning of June.

Last weekend, another friend and her nanny have seen her and she was clearly pregnant they said.

The only proof would be from people who know her well enough to know that that's not her "normal'" state.

Divorce pronounced on 1 April as a Muslim woman cannot be married to a non-Muslim man.

I will email your office to organise a conference call.

2 Jul 2018, 12:34

Thanks for the info. Someone will reply and we can take it from there.

Regards,

Ahmed Elnaggar

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