Questions & Answers
Divorce proceedings regarding accommodation and custody
I am an Indian Muslim woman seeking a divorce with my Indian Muslim husband here in Dubai. We have a 2.5-year old daughter.
1. My husband is saying that since he is the guardian and he will provide accommodation for my daughter (and me), my parents will not be allowed to live in that house when they come to visit me. Is this true?
2. My husband is also saying that if I relocate to a different country, he will get the custody of my daughter.
Dear Madam,
Further to your below enquiry, kindly find our answers as below:
1. Being a guardian, your husband has to provide maintenance and accommodation for your daughter and you.
However, in regards to the stay of your parents, there is no restriction or law prohibiting your parents to stay at your house, unless proven that such a stay is detrimental to the interest of your daughter.
2. Relocating from a country to another is still a debatable ground. Your husband has the right to ask for custody if you relocate to another country.
Honestly, there are various factors which determine to whom the custody will be given. Such factors are the country where you are relocating, the reason for relocating, husband position to visit the child on a regular basis.
In the end, considering all the above, the sole decision of the judge prevails.
In our opinion, it is best to draft a divorce settlement agreement and get it signed by the spouses, before the divorce is taken.
This agreement should clearly define the spouses' rights and entitlements in order to safeguard yourself and avoid any future litigation.
To this end, we suggest you meet us at the hours of your convenience in order to take a face to face consultation.
For booking appointments, you can call us at info@awsuwaidi-advocates.com or you can call us at 045547635.
Best regards,
Aws M. Younis
