Questions & Answers
Questions & Answers
8 available 8 • View allCan the ex-husband ask for the custody of the kids upon their mother's marriage?
4
Q: I am a French Morrocan Muslim woman. I got married to a Jordanian man in Dubai at the court; Islamic wedding. We moved to Jordan. We had then 3 kids. We got separated. Two years and a half later, I had no news nor any financial help whatsoever.
I asked for a divorce from France. The judgment is soon. I don’t know if he divorced me. I am moving soon to the UAE with my kids and my new fiancé. Am I safe to go live in the UAE?
Can my ex-husband ask for the custody of the kids or did he lose it forever?
Are we subject to UAE, Jordanian or French law?

Nov 27, 2021
486
The ex-husband wants custody and the current one is abusive. What to do?


2
Q: Dear Sir/Madam,
In 2019, I got divorced and moved to Abu Dhabi with my son. I worked at a school for four years. Recently, I moved to Dubai and have been working in healthcare for the past two years. My child is now 13 years old.
In March 2022, I remarried after my divorce. My ex-husband has been blackmailing and tormenting me, saying that he wants custody of my child because I remarried.
The Indian court had already granted me full custody during our divorce, but my ex is threatening to take my son away. I don't trust him because he is violent and abusive.
My current husband is aware of my situation, but he is often upset about my ex's messages to my child and he is also abusing me and doing domestic violence. I feel unsafe.
I am currently nine months pregnant and I have a 13-year-old son. I want to be protected, along with my two children.
How can I escape this situation and live peacefully?



Jan 25, 2023
222
Can a non-Muslim father claim the custody of his child as per the new personal status law?
1
Q: Hello,
I would love to understand the new child custody laws in-depth for non-Muslim residents.
My wife was granted our child's custody in the judgment of the first instance court but I have appealed against it.
Having said that, I have a family here in Dubai to support raising my son whereas my wife has only herself (she is currently employed) and has a nanny only.
How can I get full custody of our son or maybe apply for joint custody as per the new law?

Mar 1, 2023
177
What can I do if my ex-wife is not cooperating to renew the visa of her and our son?



2
Q: I am legally divorced since 2015 in the UAE and paying sustenance to my wife for our son (15 years).
Son is under the sponsorship of my ex and she is not renewing her and my son's visa. My son has no visa or medical insurance.
I am willing to sponsor my son however, my ex is not cooperating. My ex-wife is not working or earning either. What can I do?
I want to protect the legal status of my son and have proper health insurance for him.
Which government department can I report this matter to?
Your advice will be appreciated.




Apr 13, 2023
116
Child wants to stay with mother, but father wants custody. What can be done?




2
Q: Dear Sir/Madam,
If the child of divorced parents is 14, does the child get to choose who they want to live with?
The father is asking for custody, and the child doesn't want to go with the father.
What actions can be taken to prevent the father from taking full custody of the child?





+1
Oct 5, 2023
482
Can the father claim the custody of my son when he turns 11 years?



0
Q: Hi,
I received custody of my son, he has already turned 11.
So far, his father has not claimed custody. Can he claim custody or does he lose it after a certain period of time?
If I remarry, will I lose the child maintenance and accommodation provided for my son?




Sep 16, 2024
93
What’s the difference between proof of custody and claiming child custody?




1
Q: Dear Lawyers,
What’s the difference between proof of custody and claiming child custody?
Should I request the Dubai court to provide an NOC to judicially establish proof of custody?





Oct 22, 2024
86
Can my husband demand a separate device for our child, and could it affect my parental rights?




1
Q: Hello,
My husband and I are married and have a 6-year-old child. Due to ongoing disputes, he is demanding that I get a separate device and SIM card for our child so that he and his family can contact the child without using my number.
He has also instructed his family to block me and communicate only through a separate number, claiming that I do not facilitate enough communication with them.
I have never prevented anyone from contacting our child, and I will still be the one managing the device and calls. Does he have the right to impose this unreasonable demand on me?
If I comply, could this set a legal precedent that might impact my parental rights in the future?





+3
Feb 10, 2025
77
Legal blog
1 available 1 • View allCustody & 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
3149
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
49124

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Other answers by
My husband sold the house we bought jointlyand took a cheque plus 1-year instalments from me. What can I do? 0
Hi,
I am a non-Muslim indian expatriate, residing in Dubai since 2015. The first 5 years, I was on a working visa, and after the delivery of my first baby, I left my job and became dependent on my husband.
In 2018, we bought a house together where I invested AED 2 hundred thousand from my income (I have proof in the form of a cheque). I also paid AED 3300 monthly installment for 1 year, for a personal loan taken out for the house.
But in spite of my resistance, my husband tactfully put the house in his name, so the title deed was in his name. In 2024, when my kids and I were in India for vacation, he cancelled our visas and residency. He also filed for a divorce in India.
The divorce is not yet finalised, and we are still married. Since August 2024, he hasn't let me access my house in Dubai, so I filed a case, which eventually went in my favor in January 2025.
Since I used to travel on a visit visa, I left for India and returned in March, to find out that my husband had already sold the house. The new owner is residing there.
What can I do now?
Help!
May 1, 2025
11
Can the employer force the housmaid to work for unlimited hours without rest? 0
Hi
I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
My work starts at 7:30 am and then finishes at 10 pm or less. It depends on whether the baby is asleep or what time they will take on me if not yet asleep. Is this right?
Also, at the time of eating, I'm still working because the baby is with me, so I just let her sit in her chair. That's how I eat.
Please answer me. I want to know my rights.
Because if I can leave during the 6-month probation, I want to take it if the employer is this kind. I don't know.
They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
May 1, 2025
15
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
40
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
Apr 29, 2025
41

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Can I cancel my house sale contract without extra fees after personal plans changed? 2
Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?
Jul 12, 2024
610
How to know if an offer letter I received from a company in the UAE is legit? 2
I got an offer letter from Al-Haldin Gulf Construction & Petroleum LLC. Can you please advise about the company?
Mar 18, 2024
264
Tenant always late with payments, hasn't renewed contract. What to do? 2
Hello,
I have a tenant who is always late with their payment. Their renewal was supposed to be last December 2023.
Currently, they have not signed any new contract, provided any new cheques, and have stayed for three months from December until now without paying rent.
Additionally, I just discovered that they have sublet the apartment with partitions, which is clearly stated as not allowed in the old contract.
Please let me know what should I do legally!
Mar 14, 2024
496
How soon will I receive the cancellation paper from my previous employer? 1
Dear Concern,
How long will it take to receive the cancellation paper from my previous employer?
My last working day at my current company will be on April 7, 2024.
Mar 16, 2024
309
Tenant received renewal notice, rejected proposed rent on renewal day. What next? 2
Hi,
We sent a renewal notice to our Dubai-based tenant 84 days before his contract renewal, with a 10% increase in rent.
The tenant neither agreed nor disagreed with the proposed rent and replied on the day of renewal that he wouldn't be paying the proposed rent.
Due to the argument, the landlord decided to reduce the rent, but the tenant has not yet renewed his contract. It has been 12 days since his contract expired.
Kindly suggest what could be done in this matter.
Mar 12, 2024
310

Premium
Other answers by
Can the employer force the housmaid to work for unlimited hours without rest? 0
Hi
I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
My work starts at 7:30 am and then finishes at 10 pm or less. It depends on whether the baby is asleep or what time they will take on me if not yet asleep. Is this right?
Also, at the time of eating, I'm still working because the baby is with me, so I just let her sit in her chair. That's how I eat.
Please answer me. I want to know my rights.
Because if I can leave during the 6-month probation, I want to take it if the employer is this kind. I don't know.
They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
May 1, 2025
15
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
40
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Apr 30, 2025
21
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
Apr 29, 2025
41

Other answers by
إمكانية المطالبة بالمستحقات العمالية بناءً على الراتب الفعلي وليس المكتوب في العقد 1
السلام عليكم،
أعمل في شركة في العين مند ثلاث سنوات ونصف "منها سنة وعشرة أشهر إقامة تابعة للشركة" وما تبقى كنت أعمل بالإعارة من شركة أخرى. راتبي في عقد العمل 500 درهم ولكن راتبي الفعلي 2500 درهم.
هل يحق لي المطالبة قانونًا على حسب الراتب الفعلي؟
وهل فترة العمل بالإعارة تدخل ضمن أيام المستحقات؟
علمًا بأنني أستلم راتبي بشكل مباشر بإيصال قبض من الشركة، وراتب العقد (500) أستلمه بنكيًا أو عبر فروع الأنصاري.
Jul 17, 2023
244
Mold in apartment due to construction fault: Can I get compensation? 1
Hi everyone,
I rent an apartment. After two days in the apartment, water started leaking from the ceiling.
It turned out to be a fault in the building's construction, which caused condensation in the false ceilings. When the panels were demolished, it was found that they were all full of mold.
The building manager has started work, but the apartment is no longer habitable.
Should the landlord compensate me for the lack of peaceful enjoyment of the property?
Jul 17, 2023
444
My company is asking us to work 9 hours this Ramadan. What can we do? 7
My company is asking us to do 9 hrs. duty this Ramadan starting last 8th of April 2023 without overtime pay.
And no one from my colleagues wants to complain as they are scared of what might happen.
Just today, my showroom manager is asking me to extend until 12 pm when I started my duty from 10 am and I am fasting.
What can I do?
Apr 13, 2023
573
Can I give birth legally in Dubai if I am unmarried to the father? 2
Dear Sir/Madam,
Can I give birth legally in Dubai if I am unmarried to the father?
Apr 14, 2023
1164
Unfairly fired with demands to repay housing allowance: Is it legal? 1
Dear Sir/Madam,
My employer (Federal) signed a 3-year contract with me. They have now given me 3 months' notice, ending my contract in May rather than August, saying that my contract was not renewed.
There was no reason given for my non-renewal. My evaluations have been consistently excellent. Further, they are now demanding 3 months of housing allowance be repaid. Is this legal?
Apr 14, 2023
168
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