Getting my children back from the UAE after my ex-husband took them to avoid divorce

Dear Madam,

Thank you for bringing this urgent and sensitive matter to our attention!

I understand the gravity of your situation and the distress you must be experiencing. Based on the information provided, please consider the following professional advice:

1. Legal Framework:

The United Arab Emirates is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This complicates the process of returning children to their country of habitual residence.

2. UAE Custody Laws:

UAE family law operates under principles that may differ significantly from Canadian law. Local courts typically have jurisdiction over children physically present in the UAE, regardless of foreign custody orders.

3. Legal Options:

Consider engaging legal counsel in both Canada and the UAE.

a) In Canada: To ensure your divorce proceedings and custody claims are properly documented.

b) In the UAE: To explore options for filing for custody through UAE courts.

4. Diplomatic Channels:

Contact the Canadian Embassy in Abu Dhabi or the Consulate General in Dubai immediately. They can provide guidance, resources, and potentially offer diplomatic assistance.

5. International Organizations:

Consider reaching out to international organizations specializing in cross-border custody disputes, such as the International Social Service.

6. Documentation:

Gather all relevant documents, including birth certificates, marriage certificates, divorce papers, and any evidence of your children's Canadian residency and citizenship.

7. Caution Regarding Travel:

Exercise extreme caution regarding any travel to the UAE without proper legal counsel, given the potential risks mentioned.

8. Child Welfare Considerations:

UAE courts prioritize the child's best interests in custody decisions, considering factors such as parents' religion, residence, income, and the child's age and gender.

9. Reporting Options:

Consult with your legal representatives about the implications and process of reporting the situation to UAE authorities, including potential outcomes for your children.

Given the complexity of international custody disputes, it is crucial to act swiftly while ensuring all actions are legally sound.

We strongly recommend engaging experienced legal counsel in both jurisdictions to navigate this challenging situation effectively.

Should you require any further assistance or clarification, please do not hesitate to contact us.

Yours sincerely,

Wishing you a pleasant day ahead,

According to UAE law, a child's custody is usually granted to the mother in the case of a divorce. However, if your husband has taken your children to the UAE without your consent, it is considered kidnapping and is a criminal offense.

You can report this to the authorities in UAE, and they will take the necessary actions to return your children to you.

In order to report this, you can contact the UAE embassy in Canada or the Canadian embassy in UAE. They will be able to provide you with the necessary information and assistance in this matter.

It is important to note that UAE law does not tolerate child abduction, and the authorities will take strict actions against the perpetrator.

Your husband's threats of filing criminal cases against you are baseless and should not deter you from taking legal action to get your children back.

Once your children are located and returned to you, you can file for custody and visitation rights in the UAE court.

The court will consider the best interests of the children and will most likely grant you custody. It is important to act quickly and take the necessary legal actions.

If you require legal counsel, our law firm is pleased to offer our services.

Best Regards,

Sara Al Saedi Advocates and Legal Consultants

Where did you file the divorce case, and why?

According to UAE law, a parent cannot take a child out of the country without the consent of the other parent or a court order.

In this case, your husband has committed a crime by kidnapping your children to the UAE without your consent. You can report this to the authorities in UAE, and they will take the necessary actions to return the children to you.

The UAE follows the Hague Convention on the Civil Aspects of International Child Abduction, which means that they will cooperate with the authorities in Canada to resolve the issue and return the children to their country of habitual residence.

You can contact the Canadian embassy in UAE for assistance in this matter.

It is important to note that the UAE courts may not automatically grant custody to the mother in cases of divorce.

However, they will consider the best interests of the children and may grant custody to the mother if it is deemed to be in their best interests.

Greetings of the day,

We understand the seriousness of your situation. You can take legal action remotely by reporting the matter to the relevant authorities in Canada, as well as pursuing international legal remedies such as the Hague Convention on International Child Abduction, which both Canada and the UAE are parties to.

This treaty facilitates the return of abducted children.

Additionally, our law firm offers legal services to assist you in navigating this complex issue, including advising you on the steps to take with local authorities and international bodies.

It is important to act swiftly and seek professional legal counsel to ensure the safety and return of your children.

Best Regards,

Sara Al Saedi Advocates and Legal Consultants

Dear Ahmed,

Your situation is serious and requires immediate legal action. In the UAE, child custody is governed by Federal Law No. 28 of 2005, which prioritizes the child's best interests.

While a father as a guardian is not usually considered to have "kidnapped" his children, taking them without consent and in violation of custody agreements can be challenged legally.

You should report the abduction to Canadian authorities and file a custody case in UAE courts. If you had legal custody in Canada, that ruling may support your case in the UAE. You can also file a complaint with UAE Public Prosecution to request legal intervention.

Before traveling to the UAE, ensure there are no criminal cases or travel bans against you. We can assist in checking your legal status, representing you remotely, and taking legal action to recover your children.

For further assistance, please contact us.

Dear Inquirer,

Thank you for reaching out!

Your situation is complex and requires immediate legal attention. In the UAE, child custody matters are governed by personal status laws, and while a guardian (father) may not be considered as "kidnapping" his own children, international custody laws and treaties may support your claim.

You may be able to take legal action remotely, including filing a custody case in UAE courts and seeking enforcement through international legal channels.

Reporting the situation to UAE authorities could lead to legal proceedings, but the outcome will depend on multiple factors, including local laws and court discretion.

Given the seriousness of your case, we strongly recommend scheduling a consultation with our legal team. We can assist you in navigating UAE family laws, exploring your legal options, and taking the necessary steps to protect your rights and those of your children.

Please contact us through our website or phone to discuss your case in detail.

Best regards,

Hello,

I understand how distressing this situation must be for you. UAE law does not permit a guardian to unlawfully remove children from the custody of the other parent, and there are legal avenues to recover your children.

Since your children were taken to Abu Dhabi against your will, you may have a case under child abduction laws and custody laws in the UAE.

The UAE is a signatory to the Hague Convention on child abduction in certain cases, but local custody laws primarily follow Sharia principles, which prioritize the welfare of the children.

1. You can file a case in UAE Family Court:

If you have legal custody from Canada or proof of your ongoing custody claim, we can initiate legal action in the UAE courts to have the children returned.

2. Interpol & UAE Authorities:

Depending on the circumstances, it may be possible to involve Interpol or UAE authorities through international legal cooperation.

3. Risk of Criminal Cases Against You:

If your husband is threatening to file criminal cases against you, it is crucial to assess what legal basis he may have. Many such threats are meant to intimidate, but legal protection measures can be taken.

4. Reporting the Abduction in UAE:

If reported, the court will evaluate custody claims. The children will not be "held," but the court may issue protective measures.

Each case is unique, and it’s important to act strategically and legally soundly to bring your children back. I strongly recommend discussing this in detail so we can take the best course of action for you.

Please reach out to me directly via WhatsApp or phone to discuss this further and determine the next steps.

Best regards,

Suhail Rana

Hello,

Under UAE law, custody of young children is generally granted to the mother unless a court rules otherwise. Article 142 of the Personal Status Law states:

Custody is the right of the custodian to raise, care for, and protect the child in a manner that does not conflict with the right of the guardian in supervision, guidance, and education.

Additionally, Article 146 of the Personal Status Law provides that:

The mother shall have the right of custody of her child unless a legal impediment exists.

Since your children are under the age of 11 for boys and 13 for girls, you have a strong legal basis to claim custody under UAE law.

You should immediately file a custody case before the UAE courts, requesting the return of your children. If your divorce agreement in Canada includes custody terms, it is important to review those provisions, as they may support your case.

Regarding your concerns about potential criminal cases against you, your husband cannot arbitrarily file charges without legal grounds. However, you should seek legal representation in the UAE before traveling to protect yourself.

For immediate legal assistance, please contact me via phone or email to discuss your case and the best legal steps to take.

UAE family law is complex and can be influenced by Sharia law. It's crucial to understand how these laws may affect your case. Also, in the UAE, the religion of the father is the religion of the children. This will impact custody decisions.

He cannot simply file a criminal case against you. You have to engage a UAE Lawyer to undertake the procedures in UAE. We will discuss the possibilities in detail.

Kindly share your WhatsApp number to discuss this further.

In an international child abduction case, it's crucial to take immediate steps, including understanding the legal framework under the Hague Convention, reporting the abduction to local authorities in Canada, engaging with the Central Authority for guidance, consulting a lawyer specializing in international family law, and potentially filing an application for the children's return through the Hague Convention.

Additionally, gathering relevant evidence and documentation, utilizing diplomatic channels through the Canadian embassy in Abu Dhabi, maintaining communication with your children, and staying informed about local UAE laws regarding custody are essential actions.

Considering mediation options to resolve disputes amicably and preparing for various outcomes are also important as you navigate this challenging situation.

Dear Questioner,

You can still claim custody of your children as their mother.

We can file a case for custody and also file a case against your husband for kidnapping.

Kindly share your WhatsApp number to discuss further.