Questions & Answers
How can a woman file for divorce and child custody due to domestic violence?
A friend of mine is in a difficult situation. She has a child, but the child’s father has kicked her out of their room and taken custody of the child.
The father is from Yeman. He has also been physically harming her—she has visible bruises—and has taken her Emirates ID and mobile phone, leaving her with nowhere to go, she has a job.
Currently, she is staying with a friend and is not allowed to return to her room.
Kindly request your advice on what steps she should take in this situation.
Dear.
Your friend must go immediately to the police station to file a report of assault on her. She can also go to the family court to demand custody of the child and support for him.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm Legal Counsel and Consultations
Hello,
In terms of custody, her rights depend on the specific circumstances of the case, but in general, the UAE follows Sharia law and the principle of the best interests of the child.
As the mother, she has a right to seek custody of her child, especially if there is evidence of harm or neglect from the father.
We can help her understand her options for filing a custody petition and request that the father’s actions be taken into account.
If she feels her child is in harm’s way with the father, she can seek urgent custody orders.
If she has not already done so, she should file a formal complaint with the police for domestic violence.
For a detailed discussion, kindly share your Whatsapp number.
Contact us on the phone so we can help her.
She can file a police report against him and obtain custody of the child and all her monthly maintenance and expenses.
You can contact us for prompt legal action to prove all the violations and assaults committed by the husband, and to file a criminal complaint to bring the abusive husband to criminal court.
We will also follow up on a request submitted to the Family Guidance Department to transfer the dispute to the Personal Status Court for the enforcement of all types of alimony, wages, allowances, housing, educational, and medical expenses.
Additionally, we can file a request for provisional alimony pending the resolution of the case.
Dear questioner
Tell her to file a domestic violence complaint in the Police station or women's cell in the appropriate Emirate in UAE where they are currently staying and then after, we need to move to a court case for the custody of the child as well as further procedures according to the situation.
If you need further clarifications, kindly share your WhatsApp number for the same.
Greetings.
She can file a personal status lawsuit and demand alimony for herself and the child.
We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us on WhatsApp.
I'm deeply concerned to hear about your friend's distressing situation.
In the UAE, both domestic violence and child custody are taken very seriously, and there are legal avenues to protect her rights and well-being.
Immediate Steps:
Seek Shelter and Safety:
Encourage her to contact the Dubai Foundation for Women and Children (DFWAC), which offers immediate protection and support services for women and children facing domestic violence.
Report the Abuse:
Advise her to file a police report detailing the physical harm and the confiscation of her personal documents. The authorities can initiate an investigation and provide necessary protection.
Legal Assistance:
Given the complexities of her situation, it's crucial to consult with a legal professional to navigate the legal system effectively.
Child Custody Considerations:
In the UAE, child custody decisions prioritize the child's best interests. Typically, custody is granted to the mother until the child reaches a certain age, unless circumstances suggest otherwise.
UAE
Next Steps:
I recommend scheduling a consultation to discuss her case in detail and develop a tailored legal strategy.
Please feel free to reach out to me via WhatsApp or phone to arrange a suitable time.
Best regards,
Suhail Rana
Dear E.,
Thanks for your inquiry.
First and foremost, your friend should seek immediate help and support from the authorities.
She can contact the police or the Ministry of Interior's helpline (901) for assistance in this matter. She should also seek medical attention for her injuries and document them as evidence.
Under UAE law, domestic violence is a criminal offense and is taken very seriously. The police can help her file a complaint against her partner and seek protection from him. They can also assist her in retrieving her Emirates ID and mobile phone.
If she has a job, she can also reach out to her employer for support and assistance. They may be able to provide her with temporary accommodation or help her find a new place to live.
It is important for your friend to know that she has legal rights and options in this situation. She can seek legal advice from us as a lawyer or approach the Dubai Foundation for Women and Children for support and guidance.
In the long term, your friend may also consider filing for divorce and seeking custody of her child through the courts. However, this should be done with the help of us as a lawyer and after careful consideration of her situation.
It is crucial for your friend to take action and seek help as soon as possible to ensure her safety and well-being. Domestic violence is a serious issue and should not be tolerated.
Kindly do not hesitate to contact us for further guidance.
Greetings
