Questions & Answers
Is the appeal court's decision implemented automatically, or is an execution procedure required?
Hello,
I kindly ask for clarification of the following situation:
The Dubai Family Court of First Instance gave the father visitation rights, and he has a Sharia Execution Case for implementation.
At the appeal, it was a tragic verdict: the judges rejected his visitation rights because the marriage was invalidated due to religious differences.
- Is this decision implemented automatically, or is there an execution procedure, with an execution writ, similar to the first instance?
- Is it possible for the father to still meet the child until the execution procedure is completed?
- Does Chapter 5 of the Federal Decree by Law on Promulgating the Civil Procedure Code, which deals with Executing Execution Writs and Decisions Related to Personal Status Matters, apply to the appeal or only to the first instance?
Thank you!
Dear Questioner,
1. The decision of the appeal court is implemented automatically, as it is a final and binding decision. There is no need for an execution procedure or execution writ.
2. No, it is not possible for the father to meet the child until the execution procedure is completed, as the appeal court has rejected his visitation rights.
3. Chapter 5 of the Federal Decree by Law on Promulgating the Civil Procedure Code applies to both the first instance and the appeal, as it deals with the execution of all court decisions related to personal status matters.
Dear Questioner,
The appeals court decision doesn't automatically cancel the first instance visitation rights.
There's an execution procedure involved. The father would need to apply for an "execution writ" from the appeals court.
This writ instructs the authorities to enforce the new decision (visitation rights revoked).
Chapter 5 of the Federal Decree by Law on Promulgating the Civil Procedure Code (execution of judgments) applies to both the first instance and appeals court decisions related to personal status matters.
If you need further clarification, kindly share your WhatsApp number.
Dear Questioner,
In general, court decisions, including those related to visitation rights, are typically implemented automatically unless there is an appeal or the court orders otherwise.
The execution procedure, including the issuance of an execution writ, usually applies to enforcing court decisions that require some form of action or payment.
If the father's visitation rights were rejected on appeal, it is likely that he will not be able to meet the child until the execution procedure is completed, unless the court orders otherwise.
As for the application of Chapter 5 of the Civil Procedure Code, it typically applies to the enforcement of court decisions related to personal status matters, including those made at both the first instance and on appeal.
It is best to consult with a legal professional for more specific guidance on your situation.
Dear Questioner,
Thank you for reaching out with your inquiry regarding the recent court decision regarding visitation rights. I understand the complexity of your situation.
Here are the clarifications you requested:
- Implementation of the Decision:
The decision made by the Dubai Family Court of First Instance regarding visitation rights is typically implemented through an execution procedure.
This involves obtaining an execution writ to enforce the court's decision.
- Father's Access to the Child:
Until the execution procedure is completed, it may still be possible for the father to meet with the child, depending on the specifics of the court's decision and any interim arrangements that may be in place.
It would be advisable to consult with your legal representative to explore the options available during this phase.
- Application of Federal Decree by Law:
Chapter 5 of the Federal Decree by Law on Promulgating the Civil Procedure Code, which addresses the execution of writs and decisions related to personal status matters, applies to both the first instance and appeal stages. It provides the legal framework for enforcing court decisions in such matters.
For a detailed discussion on how to proceed further and to understand your specific rights and options, please feel free to reach out to me via WhatsApp or phone at [-----].
I am here to assist you.