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What can I do about my son's visa issue with my ex-wife refusing to let him leave the UAE?

Dear Lawyers,

I am divorced in the UAE and have joint custody. I lost my job and had to leave the UAE, which resulted in the cancellation of my son's visa.

My ex-wife refuses to leave the UAE or allow him to be with me, and he has now overstayed and is not attending school.

Please advise on what can be done!

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KHE Legal Consultancy
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24 Sep 2024, 18:26

Hello, dear questioner,

Since you have custody, we can submit a request to the judge for you to legally obtain your son, as you are the legal custodian.

However, we need more details about the case to provide the best and most accurate legal options.

For further discussion, please share your WhatsApp number.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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25 Sep 2024, 08:46

Dear Questioner,

Navigating this situation requires careful consideration of legal options available under UAE law concerning joint custody and immigration issues.

Engaging professional legal assistance will be critical in ensuring that both your and your son’s rights are protected while addressing any immediate concerns related to his residency status.

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Saeed Aldahmani Advocates & Legal Consultants
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25 Sep 2024, 09:09

Dear Inquirer,

- Joint Custody Agreement:

Check your custody agreement to understand your rights regarding your son's relocation. The agreement may specify conditions for travel and living arrangements.

- Legal Action:

You may consider filing a complaint with the relevant authorities in the UAE, such as the Family Court. They can help enforce your custody rights and possibly facilitate your son's travel.

- Contact the Embassy:

Reach out to your home country’s embassy in the UAE. They may provide guidance or assistance regarding your situation and your son's visa.

- Overstay Issues:

If your ex-wife is overstaying her visa, she may face legal consequences. This could potentially motivate her to cooperate regarding your son’s relocation.

- School Attendance:

If your son is not attending school, this could be reported to the relevant educational authority, which may have implications for your ex-wife’s visa status. It is best to have a lawyer present to prevent any risks that may occur

If you need further clarification, you can contact us.

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Ibrahim Al Banna Advocates & Legal Consultants
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25 Sep 2024, 19:57

Thank you for reaching out with your concerns regarding your joint custody arrangement and the current situation with your son’s visa.

I understand how challenging this must be for you.

In the UAE, joint custody decisions are typically governed by the court, and any changes, such as relocation or visa issues, may require legal intervention.

Since your son’s visa has been canceled, and your ex-wife is refusing to cooperate, this can complicate matters, especially if your son is no longer attending school.

There are legal routes to address both the overstaying and the refusal to allow your son to travel.

We can explore options such as petitioning the court to enforce or modify the custody order, especially since there may be a violation of the terms regarding your son’s well-being and his right to education.

I’d recommend that we schedule a consultation to discuss the specifics of your case and the best steps to take moving forward.

Feel free to reach out to me on WhatsApp or phone at [--------], or you can email me at [--------]. I’d be happy to guide you through this process and provide the necessary legal support.

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