Questions & Answers
Questions & Answers
10 available 10 • View allCustody of children in the UAE
66
Q: We separated with my wife almost a year ago and my 4-year-old daughter stays with me and her nanny in my apartment full-time. I am taking care of all the expenses and supporting her with all needed. And I want everything to be the same after divorcing.
Would it be possible for me to get custody in this situation? What are the fees of the family lawyer in Dubai?

Jun 9, 2016
30088
Claiming the custody of an 18-year-old son by the father
0
Q: Until the 5th February 2016, I was in the UAE. Now, I am in Pakistan and my 18-year-old son is living with his mother in the UAE.
Can I apply for the custody of my son from my home country?

Mar 20, 2018
1983
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
3200
The rights and custody of a child when the father loses his job and leaves the UAE
7
Q: I am the father of a young child and his sponsor. Recently, I lost my employment in the UAE. I will soon need to leave the country back to my home country.
My ex-wife has full custody and resides on her own visa in the UAE. I have been paying monthly child maintenance and annual housing to my ex-wife despite the restriction she has been placing on my ability to see my child since the divorce several years ago and has neither seen him nor heard him for the past 6 months.
- How can I enforce my right to see my child once I leave the UAE?
- What are my obligations in regards to alimony payment once I leave the country (considering the current economic situation, I don't know how long I'll be unemployed for)?
- What are my obligations in regard to my child's visa sponsorship considering that I will soon be forced to cancel his visa?
- Is there any legal possibility for me to reclaim custody of my child?

Aug 26, 2020
1821
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
Can a father claim the custody of daughter when the mother marries unfit person?



3
Q: My wife and I got divorced 3 months ago, she has custody of our 6-month old daughter.
She wants to remarry but I disagree with the person she wants to remarry as he has a history of violence and abuse.
Can I have the custody agreement revoked?




Mar 26, 2022
729
كيفية ضمان عدم مطالبة الأم بحضانة أبنائها بعد التنازل عنها

2
س: السلام عليكم،
طليقتي حاضنة لأطفالي (أعمارهما ١٠ و٨ سنوات). أدفع نفقة شهرية وإيجار مسكن. اتفقت معها على نقل حضانة الأطفال لي بعد انتهاء العام الدراسي. حسب ما فهمت، لا توجد وثيقة قانونية/شرعية لتنازل الأم عن حضانة أطفالها.
هل يكون الاتفاق معها وديًا بدون أي وثائق تضمن حقوقي؟
في حال اتفقنا وديًا وانتقلت الحضانة لي:
- كيف أوثق قانونيًا أن الحضانة انتقلت لي وأن أضمن حقي بأنها لن تطالبني بالنفقة ولا بالمسكن عند انتقال الأولاد إلى حضانتي؟
- كيف أضمن حقي بأنها لن تأخذ الأولاد ثانية إلى حضانتها في حال غيرت رأيها في المستقبل؟
ولكم جزيل الشكر!


Dec 10, 2021
902
تراجع المطلقة عن التنازل عن حضانة الأطفال والنفقة
7
س: السلام عليكم،
تنازلت طليقتي عن حضانة الأولاد والنفقة لأنها قررت الزواج. وثقنا اتفاق نقل الحضانة والتنازل عن النفقة في المحكمة الأسرية.
بعد فترة، قررت طليقتي أنها لن تتزوج وتريد استعادة حضانة الأطفال واستعادة النفقة كاملة مع مسكن.
هل تستطيع إجباري قانونيًا على إعادة حضانة الأولاد لها ودفع نفقة ومسكن بالرغم من وجود ورقة التنازل الموثَّقة في محكمة الأسرة؟
شكرًا جزيلاً!

Feb 24, 2022
2390
How to add a police report of physical assault to a family case after the judgment is issued?



0
Q: How to raise a request in the MOJ e-filing system (Smart justice portal) requesting the judge to obtain reports from the police and social support center?
I'm a plaintiff (husband). On the 7th of Mar 2024, the first instance divorce judgment was provided based on Article 7 of Federal Law 41 of 2022 and Article 133 of the Code of Civil Procedures. The defendant (wife) was requested to pay expenses and fees.
A verbal request was made to the judge during the trial by the plaintiff, but the court doesn't have these records as per the court front desk.
This report can prove a physical assault, infidelity, and written agreements made with social support and the defendant did abide by it, as the plaintiff was forced to initiate divorce.
Is possible to raise it now after the judgment since it is an important record for future child custody?
Or same request can be made again during the child custody case?
And is it recommended to only proceed with moral damages and financial damages claims as of now?




Mar 20, 2024
92
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
82
Legal blog
4 available 4 • 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
3104
Personal Status Law for Non-Muslim Foreigners in the Emirate of Abu Dhabi 8
A new civil personal status decree has been introduced in the emirate of Abu Dhabi by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE and the Ruler of Abu Dhabi. This personal status decree will be applicable for non-Muslim foreigners based in Abu Dhabi in matters of marriage, divorce, Will, inheritance, and custody of children.
Nov 9, 2021
2540
نظرة على التعديلات الأخيرة على قانون الأحوال الشخصية الإماراتي 7
الأسرة هي عماد المجتمع، ويدور صلاحه مع صلاحها وجوداً وعدماً، فأن فسدت الاسرة فسد المجتمع؛ ولذلك اعتنت الشريعة الإسلامية بتنظيم العلاقات الاسرية أيما عناية. فالزوج والزوجة هما الأصول التي يتفرع منها الأبناء، فإن لم تستقِم العلاقة بينهما انعكس ذلك على بقية أفراد الاسرة من الأبناء وبالتالي فسد مجتمع الأسرة. وفي دولة الامارات العربية المتحدة يولي المشرع اهتماماً بشؤون الأسرة من خلال قانون الأحوال الشخصية الإماراتي وتقنينه من وقت لآخر بإجراء عدد من التعديلات عليه لكي يتماشى مع أوضاع الأسرة المختلفة.
Dec 5, 2021
4189
Joint Custody in the UAE Civil Personal Status for Non-Muslims 1
Joint Custody in UAE Law Article 10 of the Federal Decree Law No. 41 of 2022 on Civil Personal Status for Non-Muslims shines a spotlight on the significance of Shared custody following divorce. This article recognizes joint and equal custody as a right for both the father and mother post-separation or divorce.
Sep 28, 2023
377
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
49087

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453 453 answers •
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Hello,
My employer fired me under Article 44 for not showing up for work for 7 days in a row. But that’s not the case at all. I was sick and the management was aware and they let me go.
I went to another country to get treatment because it’s expensive in Dubai. My employer did not pay me my salary for the month I worked and fired me.
I have official sick leave from another country and there is correspondence where my employer sent me to another country for treatment.
The problem is that the employer says that he will take compensation for the training that was specified in the contract, but I did not undergo training at all; I immediately started work from the first day of work and there was no training.
Does my employer have the right to charge me such a fee and not pay my salary?
Feb 29, 2024
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How to make the seller hand over the tenant's security deposit to the buyer upon completing a sale? 0
Should the seller in Dubai hand over their tenant's security deposit to the buyer upon completing a sale?
Who is responsible for managing this process?
At the time of the exchange, the broker said he would follow up with the seller and collect the deposit.
He hasn’t, and the seller has not handed over the deposit.
Feb 8, 2024
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How to deal with in-laws provoking and recording reactions? 0
Dear Sir/Madam,
My husband's family constantly provokes me and then records my every exaggerated reaction.
Now I'm worried that they might use those things against me.
Feb 8, 2024
247
How to cancel the MoU to buy an apartment with the broker if the bank did not approve the loan? 0
Hi,
I have a situation where I signed an MoU and gave my security deposit to the seller's agent. However later, the bank valuation of the property is lower than the selling price.
On my MoU, it has a clause that “the buyer has a right to cancel/negotiate if the bank valuation is not the same as MoU.” I tried to negotiate, however, we didn't agree on the price so I asked to cancel.
Now the agent is threatening me that they will not cancel the MoU and that will deposit my cheque. Later I also came to know that the person I am dealing with is not the same person whose name is mentioned as a broker in the MoU.
The agent I am dealing with is constantly messaging me with threats. I decided not to speak to him and instead, I wrote an email to the broker whose name is mentioned on the MoU but received no response.
I am on a very tight timeline as I need to vacate my apartment in 3 weeks, I found another unit but I don't know if I can pursue this while the initial MoU still not canceled.
Please, I need advice.
Feb 8, 2024
626
Employer asking for visa reimbursement after resignation: do I need to pay? 0
Hello Sir/Madam,
I have already finished my first year with my company and resigned.
My employer is asking me to reimburse the cost of my visa because I did not finish my two-year contract.
Do I need to pay? The cost is 7,000 AED.
Oct 20, 2023
812

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77 77 answers •
View allCan the tenant exit the lease contract early after losing access to gas? 0
There was a gas pipe explosion in our building and the whole floor is unhabitable.
So we are located on another floor, gas usage was cut and had to rely on electric plates which takes longer time to cook and there is the fear of fire if left unattended.
Gas will be reinstalled after 3 months and we wish to terminate the contract early because we cannot use the gas which is one of the facilities we agreed for in the contract and we feel unsafe in the building because every now and then the alarm goes on.
They gave us an option to move to their other buildings but will even be farther from work plus the transportation costs will increase.
Do we have to pay penalty charges for a situation that is not our doing? We are already having heart palpitations whenever there’s an alarm?
Oct 24, 2019
425
Is it possible to terminate an employee due to her bad attitude 0
Good morning,
We have given an employee a final warning due to attitude and creating fights with employees.
Last time, she did the same thing after that she left the office early without informing the manager (she informed the owner of the company which is not the direct report) after that she was absent for 2 days without informing the same.
She sent a message to the owner of the company, but the owner did not reply nor approve her reason for being absent.
Is it valid that I serve her termination?
Thank you!
Oct 20, 2019
632
Filing a case for higher maintenance and possibility of travel ban 0
I'm an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy).
I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance.
I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently.
If she opens a court case, will that stop me from leaving? Has she got a case for more money?
Sep 12, 2019
1849
Removing a travel ban requested by the guardian of a child 0
My question is about my son who has a travel ban for the past four years.
I am a divorced woman and the travel ban is from his father. I want to move back to my home country as I don't have any emotional or physical support here.
My parents are old and would like to move back for good. I have tried discussing this matter with his father but unfortunately, the matter is still unresolved.
I am willing to let go of all financial support in order to go back. Please let me know if this can be resolved in any way.
Jul 30, 2019
5486
The impact of a company shareholder on closure decision by majority 0
Hi,
I am a partner of a Dubai based (mainland) company. Due to the financial restraints, the investor (shareholder) has decided to close the company.
Now, I want to know if they can do this without my consent as the sponsor 51% and partner 26% have decided this. My share is 24%.
Jun 27, 2019
743
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