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طفل يريد البقاء مع والدته، لكن والده يريد الحضانة. ما العمل؟

سيدي/سيدتي العزيزة،

إذا كان طفل الوالدين المطلقين يبلغ من العمر 14 عامًا، فهل يحق للطفل اختيار من يريد العيش معه؟

يطلب الأب الحضانة، والطفل لا يريد الذهاب مع والده.

ما الإجراءات التي يمكن اتخاذها لمنع الأب من الحصول على الحضانة الكاملة للطفل؟

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Dar Al Haqooq Legal Consultancy
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4 Oct 2023, 17:09

Dear Client,

Thanks for your question! I hope you are doing well. I will definitely assist you in this matter.

In the UAE, when a child turns 14, their preference may be considered in custody decisions, but it is not the sole factor. The court prioritizes the child's best interests.

To prevent the father from getting full custody, the mother should present her case in court, highlighting her ability to provide a stable environment.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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Ali Khalaf Alhosani Advocates & Legal Consultants
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4 Oct 2023, 19:30

Dear Questioner,

The child’s opinion will not be taken until he chooses to live with one of the parents, to the extent that the court considers the child’s interest in this context.

The court may extend the mother’s continued custody of the male child until the age of puberty.

5 Oct 2023, 06:19

The opinion won't be taken even if the child refuses to live with her father in another country?

Is there a way I can prevent the father from taking custody?

5 Oct 2023, 06:34

The mother has the right to demand that the son be prevented from traveling outside the country without her consent, knowing that all that will result from dropping the mother’s custody, stopping the alimony, and no force will be used until the son is forced to live with his father.

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KHE Legal Consultancy
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5 Oct 2023, 05:01

Dear Questioner,

It will be the discretion of the court.

Even though the father requested full custody, the court will decide upon what will be the best for the child.

If you need further clarification, we will arrange a legal consultation session for a charge of 30$.

Share your WhatsApp number if you want to go with the services.

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Shamsa Albedwawi Advocates & Legal Consultants
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5 Oct 2023, 06:16

Hi,

Under UAE law, the court will consider the best interests of the child when making a decision regarding custody.

The court will take into account the wishes of the child, but the child's wishes are not the only factor that the court will consider.

The court will also consider the parents' ability to provide for the child's physical, emotional, and educational needs.

The court may also consider the child's relationship with each parent, the child's age and maturity, and any other factors that may be relevant to the case.

If the father is seeking full custody of the child, the mother may be able to present evidence to the court that she is better and able to provide for the child's needs.

5 Oct 2023, 06:21

In my case, the child wants to live with her mother and totally refuses to live with her father in Egypt.

Can I highlight that in court to prevent the father from taking full custody?

5 Oct 2023, 06:29

Also, the child is saying she is going to hurt herself if her father gets custody.

5 Oct 2023, 06:29

...

5 Oct 2023, 06:54

You need to inform the court of all the information that will be beneficial for the child.

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Khalifa Bin Huwaidan Advocates & Legal Consultants
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5 Oct 2023, 08:31

Greetings from Khalifa Bin Huwaidan Al-Ketbi Advocates and Legal Consultant!

5 Oct 2023, 08:32

You have the right to request to continue being the custodian of your child when the father requests to get custody of the child.

5 Oct 2023, 08:32

Thank you

Symax Law
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5 Oct 2023, 10:39

Hello,

This is Nada.

With regards to custody cases, the judge first and foremost looks at the best situation for the child, then his wish is taken into consideration

There is no action to stop a father from taking full custody if it is granted to him by the court.

Feel free to contact me if you have any further questions.

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