Questions & Answers
Can the husband claim the custody of the child if the mother does not speak Arabic?
I filed for the custody of my 8-year-old child and the judge ruled in my favor. However, my ex appealed.
His reason is I don't speak Arabic but the Court did not ask me to attend hearings and only my lawyer was heard.
He claims I don't speak Arabic because I am Spanish. Basically by nationality because in reality I do speak some Arabic and he lied to the Appeal Court I don't know at all.
Is the Arabic Language a reason to transfer custody to the father if the mother is Muslim and qualifies as a custodian?
Good day.
kindly be enlightened that Language is not considered a barrier to deciding the case in merit.
Kindly share with us the judgment so that we can advise you on the further course of action if it is warranted to meet the ends of justice.
Call or Email us.
Dear M.,
In the UAE, the mother, in most cases, will become the custodian of her child and/or children.
This is according to article 146 of the Personal Status Law unless the Court finds that it is in the best interest of the child to stay with the father.
Such cases would be if the mother is found to be, for example, irrational, immature, or not able to take care of the child.
The law states that the mother should share the same religion as her children in custodianship and not remarry unless the court deems it appropriate.
As a general rule, the custodianship will or can be transferred once a boy has reached the age of 11 or the girl has reached the age of 13, however again, the court will rule whilst taking in regards the best interest of the child.
The reason that you do not speak Arabic is not a reason for you to lose custodianship, especially at a Child's young age (8 years old) when they need nurturing.
Kind regards,
KHA Advocates
