Questions & Answers - Legal Advice Middle East

Can the wife prevent the husband from seeing his daughter during divorce case and custody?

Q: I am a husband going through a divorce case in the Dubai First Instance Court and with a 10-year-old daughter. I have some questions about my rights as a father: 1. What are my rights regarding child custody during the First Instance and Appeal stages of the divorce case? 2. Can I meet my daughter before the final judgment is issued? Are there any conditions or limitations for these meetings? 3. If my spouse has custody of our child and refuses to disclose her location, can I take any legal action for Child Abduction? 4. Can my spouse restrict my communication with her and her family members? Can she enforce a specific mode of communication, such as email? 5. Can my spouse make decisions regarding our daughter`s schooling without my permission? I would appreciate any guidance on my legal options in these matters. Thank you.

How to retrieve a passport that was submitted to the court and a guarantor?

Q: How to retrieve a passport that was submitted to the court as bail collateral for an individual`s release due to the bank`s unpaid loan amount? The court is unwilling to accept the borrower`s passport, and there are no alternative parties willing to provide another passport as an exchange for the release of the initial one.

How to submit a request to lift deportation and ban from outside the UAE?

Q: Can a request for the cancellation of deportation be submitted if the accused has already been deported to his home country?

Are attestation costs for degree certificates borne by the employer?

Q: Dear Sir/Madam, The work contract specifies that you need to have your degree certificates attested as per UAE law/requirement. Are the attestation costs claimable to the company offering the job or not?

How can I cancel my employment visa and leave the country if I have overstay fines?

Q: I completed 2 years of my contract and my visa expired. I gave the company a cancellation request but the company didn`t give a cancellation. I gave the request for labor card cancellation The court canceled my labor card now I need the visa to be canceled but my visa status is violated and has a fine. I have no money and I need to cancel my residency visa to leave the country.

How can a widow in India sell her deceased husband's car in Dubai?

Q: Dear Sir/Madam, One of my friends passed away in Dubai in 2021. His wife is in India, and she wants to sell the car. She has a DIFC court order stating that she is the executrix, and she has her husband`s death certificate. She is not able to travel to the UAE because she is sick. Please advise her on how she can sell the car.

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How can I claim a refund from an immigration company after failing to fulfill their obligations?

Q: Hello, This is R. from London. I am writing to seek legal help on account of immigration fraud. I had signed a contract with a company called [-----], located in Dubai under DED. They had claimed that they can get me a sponsorship job within 6 months and if not, then I will be entitled to a full refund. However, they have misled and misguided me on multiple occasions. They first sent me the initial job opportunities for Malta and when I pointed it out to them, they apologized and sent me job applications for London. When the period of six months was over, I requested a refund and they claimed that it has not yet been six months as weekends and holiday periods (Eid holidays, etc) were not included in the six-month period. Them they sent me a separate email explaining this although it has not been mentioned anywhere in the contract. It has been over 8 months and they are still refusing to give me the refund. Kindly help me regarding this. I want to get my money back.

How to get a car out of my name if a friend is using it and accruing traffic fines?

Q: Dear Sir/Madam, My friend bought and registered a car in my name. I have a driving license. He is using the car and has accrued traffic fines. I am still paying the car loan, but I am not using the car. He is not answering my calls. How can I get the car out of my name? I am also going to my home country. Will there be a travel ban if I have traffic fines?

Can I use my baggage allowance to ship my luggage by cargo?

Q: Dear Sir/Madam, My contract mentions that the employee is entitled to excess XXkg of baggage claim or air/sea/land shipment of equivalent cost. Does this mean that I can convert this to bring my luggage using cargo as long as it does not exceed the same rate as air travel?

I was on a visit visa and got expired. How to remove absconding case and apply for employment visa?

Q: Dear Sir/Madam, I just want to know to whom I will come first. The thing is I am on a visit visa and fortunately found a job here in Dubai. As they are processing my employment visa, my visit visa expired. The PRO didn`t inform me to apply for a visit visa until the employment visa has been issued. Now, the employment visa is on-hold. The PRO is saying that there is an absconding case and told me to solve the problem on my own. Please help. Thank you.

How to file a case against my company to claim salaries and labor rights?

Q: My company put a case against me and after a long hearing, the court rejected the case. Now I need to claim my salaries. I need a professional who can guide me on how to claim them and get a cancelation. I am ready to pay a percentage.

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المطالبة بالمهر عند رفض الفتاة إتمام الزواج بعد العقد

س: السلام عليكم، شاب خطب فتاة وعقد عليها. بعد العقد حدثت خلافات ورفضت إكمال الزواج ولم يحصل الدخول أو الخلوة. طالب الشاب بالمهر ورفضوا إرجاعه. فتحت ملف أسري وطالبت بالطلاق ورفضت الحل الودي. تمت الإحالة للمحكمة ولم يثبُت الضرر. رُفضت دعوى الطلاق واستأنفت ورُفض الاستئناف. ما زالت ترفض إرجاع المهر وتطلب الطلاق. ما الإجراء المناسب من قبل الشاب؟

الاعتراض على تنفيذ حكم إذا لم يحضر أحد الأطراف جلسات المحاكمة

س: السلام عليكم، كيف أعترض على تنفيذ حكم صادر من مركز فض المنازعات الإيجارية في خصومة لم تنعقد ولم أحضر بصفتي ممثلاً للشركة المحكوم عليها أيٍ من جلسات المحاكمة؟ لم أُعلَن أصلاً بصحيفة الدعوى الابتدائية ولا بالحكم الصادر فيها، ولم أُعلَن بصحيفة الاستئناف ولا بحكم الاستئناف أيضًا. علمًا بأنه خلال جميع جلسات المحاكمة، بما فيها جلسة النطق بالحكم، لم تكن الشركة المحكوم عليها من ضمن أطراف الدعوى. كما وأن الحكم الصادر في الدعوى لم يُشر إلى حضور المحكوم عليها ولم يبين إذا ما كان الحكم حضوريًا أو بمثابة الحضوري. ما موقف الشركة القانوني في هذه الحالة؟

Can I leave the country with a criminal case and canceled visa?

Q: Dear Sir/Madam, I am currently facing a criminal case (drug consumption) and have pending loans and credit card debts. Will I be able to leave the country, as my company has also canceled my visa?

Employer did not process my visa after I joined the company. What should I do?

Q: Dear Sir/Madam, I joined a new company before my Emirates ID expired. After that, they did not process my visa. I still have a fine of 4,850 AED in the UAE. They told me they would pay it, but they are not responding.

What does "data entry" status mean for a mercy request?

Q: Dear Sir/Madam, I submitted my mercy request. The status shows "data entry". What does this mean?