Can I move out with my child before the divorce is finalized for safety reasons?

Greetings,

In the UAE, a wife can move out and rent a separate place if she fears for her safety or the well-being of her child.

However, this decision may have legal implications, especially in an ongoing divorce case. It is crucial to document any threats or concerns to protect your rights.

For tailored legal advice and to ensure the best course of action, book a consultation with us today.

Best Regards,

Moving out of the marital home during divorce proceedings can have legal implications, especially concerning child custody and maintenance.

UAE law and Sharia principles will be considered by the court. The court's primary concern is the best interests of the child.

Moving out with your daughter without the husband's consent could be viewed negatively by the court unless you have strong justification (e.g., documented evidence of domestic violence or credible threats to your safety).

It will be better if you seek a court order to move out of the house.

If you need further assistance, kindly share your WhatsApp number.

Thank you for reaching out and sharing your concerns!

I understand that your situation is difficult, and your priority is to ensure the safety and well-being of yourself and your daughter.

As a Muslim woman in the UAE, you do have legal rights that prioritize the protection of your family. While you can seek temporary solutions, it is important to consider the legal implications.

Moving out without your husband’s consent may not be straightforward, as there are family law provisions that govern the marital home, especially when children are involved.

However, given the circumstances you’ve described, including your fear for your safety and well-being, you have the right to take steps to protect yourself and your daughter.

In some cases, the court may allow for a temporary separation or even order that your husband move out of the marital home, especially if there is a risk of harm.

I would advise discussing this matter with a family law expert who can help you navigate these steps safely and in accordance with Sharia law.

It's important to file a formal request for protection, and I can assist in filing the necessary legal documents to ensure that you and your daughter are secure during this process.

Please feel free to contact me directly via WhatsApp at [----------] or by email at [----------] so we can discuss your case in more detail and take the appropriate steps to protect you and your child.

Best regards,

Suhail Rana

Hello,

Since you have already filed for divorce and both you and your husband are Muslim, your case will be governed by Federal Law No. 28 of 2005 on Personal Status.

In the UAE, a wife has the right to seek separation if the marriage has become harmful or unbearable, and the court may grant a divorce based on evidence of harm or continuous disputes.

Regarding your question about moving out without your husband's consent, the law does not prevent a wife from renting a separate residence, especially if she feels unsafe or fears harm.

If there is a real threat to your safety or your child’s well-being, you have the right to take the necessary steps to protect yourself.

However, if your husband disputes this move and claims abandonment, it could become an issue during divorce proceedings, particularly regarding financial support and custody arrangements.

If there is a risk of domestic violence or any form of harm, you may also consider filing a police report or seeking a protection order under Federal Decree-Law No. 10 of 2019 on the Protection Against Domestic Violence, which allows protective measures to be taken in such cases.

Additionally, the court generally prioritizes the best interests of the child, and if the living environment is harmful due to ongoing conflicts, this could support your decision to relocate.

It may be beneficial to document your concerns and communicate your decision legally by informing the court handling your divorce case.

Dear Questioner,

You can rent an apartment without your spouse's approval, as long as you have enough funds to do so.

You can also ask him to pay the rent for the apartment and the child’s expenses.

You can move out without his consent if you feel it is necessary for your safety and well-being, particularly for your daughter's welfare.

However, be aware of local custody laws and seek legal advice to navigate this transition smoothly.