Questions & Answers
Questions & Answers
6 available 6 • View allUnderstanding the rights of a husband before divorce


1
Q: I'm an Indian Muslim expat living and working in the UAE. My marriage was solemnized in India. We also have a two-year-old son.
Due to irreconcilable differences, I have informed my wife and our families that I wish to file for divorce. My wife has a residence visa valid till May 2019 but she (and my son) have not been in the UAE since December 2018.
As I live and work in the UAE, I want to file for divorce here. While my in-laws are ok with a mutual consent divorce in India, my wife will not be returning to the UAE.
I would prefer to file for divorce in the UAE as I'm not familiar with the law in India. I also don't want to deal with any potential false charges that could hamper my ability to come back to the UAE.
While my in-laws have not indicated any such actions, I want to prepare for the worst-case scenario. I also would want to have legal visitation rights to him, even if he lives in India post-divorce.
Can any lawyer help me understand my legal options in this case?
Thanks.



Apr 29, 2019
832
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
672
Ex-wife falsely accused assault to cancel visitation rights; case dropped. What now?



2
Q: Dear Sir/Madam,
Kindly let me know what I can do legally. My ex-wife filed a false criminal complaint of physical assault on my son to cancel visitation rights.
The public prosecution dropped the case after an investigation.




Dec 29, 2023
131
How can I enforce court-ordered custody when my ex-wife does not comply?




1
Q: Hello,
My ex-wife is not complying with court orders to hand over our child and continues to receive police reports and fines from the court, which do not seem to concern her.
How can I get my daughter back in my care?
Can’t the court instruct the police to transfer my child to me? How many reports are needed before she is arrested for non-compliance?





+2
Nov 6, 2024
87
Can Dubai Courts take steps to ensure that I see my child as per the joint custody order?




0
Q: I have shared joint custody orders issued in France for my child, which are recognized and enforced by Dubai Courts.
Unfortunately, I haven't been able to see my 3-year-old child for several months due to the mother’s non-compliance with the handover arrangement, despite fines being imposed for these violations.
The police are assisting in supervising the handover process; however, because it takes place in the presence of the mother, it has become challenging.
At only 3 years old, the child is too young to form an independent opinion about these arrangements and is currently under the mother’s influence.
This raises concerns about ensuring the custody orders are effectively implemented. To my understanding, the police are limited to a supervisory role and may not have the authority to enforce the physical handover.
Can Dubai Courts take steps to ensure the handover is carried out as ordered? If so, how would this process be enforced to uphold the custody arrangement?





Nov 20, 2024
100
Can the father control the visitation from and to the monther if he won the custody of children?




0
Q: A judgment has granted sole custody of the minor daughter to the father (Plaintiff) and ruled to prove the plaintiff’s custody of the little girl.
This does not prevent the right of the defendant (Mother) to see her, visit her, and have her visit him, as will be stated in the operative part.
And since the fees and expenses include attorney fees, the court obliges the defendant to pay them in accordance with the text of Article 133 of the Civil Procedures Law.
1. Does the plaintiff have the right to deny the mother taking the child to her place for an overnight stay and only approve supervised visitation?
2. What must be the frequency and duration of supervised visits and video call facility allowed if the child is 8 years old?
3. Does the plaintiff have the right to deny entry to the home without his consent and request the defendant to pick up and drop up the child in the building reception?
4. Can the plaintiff request the defendant to use the appclose application to schedule visitation and video calls?





+2
Jan 22, 2025
83
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
3156
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
49128

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كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
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How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
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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.
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هل يمكن الزواج من إماراتي عسكري متقاعد عالمعاش بدون تقديم موافقه من جهه العمل؟ 0
السلام عليكم
هل يمكن الزواج من إماراتي عسكري متقاعد عالمعاش بدون تقديم موافقه من جهه العمل؟
وإذا تم الزواج فعلاً، هل يتاثر الزوج أو يتعاقب؟
وفي حال لم يقل الزوج مكان عمله، هل المأذون له طريقه ليعرف جهه العمل؟
هل يمكن الزواج عن بعد إذا كان الولي (الأخ) خارج الإمارات ولا يحمل هويه إماراتيه؟
وهل يجب فقط الشهود من نفس جنسيه الزوجة؟ هل هذا شرط ؟
واذا لم يتوفر، لا أستطيع تقديم طلب نهائي من شهود جنسيات أخرى مع العلم أن الزواج خارج المحكمة مع مأذون في عجمان.
مع العلم أن الزوج إماراتي متقاعد والزوجه أردنية (مطلقه مع شهادة طلاق صادرة من وزارة العدل بينونة كبرى) وشهادة وفاة ولي الأمر (والدي) من الإمارات، وفحص طبي من الإمارات.
Apr 24, 2025
32
هل تقسم الأملاك بعد الطلاق بين الزوجين وفق القانون الإماراتي؟ 0
هل تقسم الأملاك بعد الطلاق بين الزوجين وفق القانون الإماراتي؟
Apr 25, 2025
30
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
May 1, 2025
17
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