Questions & Answers - Legal Advice Middle East

لمَن يكون حق الحضانة إذا كان عمر الأبناء يتجاوز 14 عامًا والأم وافدة؟

س: السلام عليكم، لو سمحت أولادي 3 ذكور؛ الأول عمره 19 عامًا ويدرس بالبلد الأم في فترة الدراسة والثاني 16 عامًا و4 أشهر والثالث 14 عامًا و7 أشهر. الأم لها جنسية دولة عربية مختلفة وعلى وشك الانفصال. سؤالي: لمَن يكون حق الحضانة؟ مع العلم هي مَن طلبت الطلاق. وإذا كان الزوج هو مَن يريد الطلاق، فهل يختلف وضع الحضانة؟ وشكرًا!

Does a managing partner need a NOC from the company to work in another company?

Q: Does a managing partner holding an investor’s visa need a NOC from the company to work in another company? What should I do? The company didn’t operate yet, no letterhead or stamp, thus telling me they can’t provide it. Instead, they want me to cancel my visa. What will happen if they cancel my visa? Will I still be the managing partner and still be liable for the consequences of their acts? I`m just a managing partner by paper but I`m not the business owner. I just help them to open a business here in the UAE using my credentials. The other partners went out of the country for a year now and didn`t start the business yet here in the UAE.

Working in Qatar while there is unpaid loan in the UAE

Q: Hello sir, In 2011, I left the UAE with an unpaid loan and credit card of around 40000/- AED. I received many calls from the bank stating that I have been issued a red notice and the case is reported to Interpol. Now I am in India and I got a job in Qatar. Is there any problem for me to work in Qatar?

I took a loan on my name for a friend and he stopped paying. What can I do?

Q: Dear Advisor, One of my friends was working in the banking sector. One day he asked me to take a loan of AED 100,000, also he used all my credit cards. And he promised to pay every month. I took a loan for him. After 2 or 3 months, he stopped paying the dues, and several times I requested to pay but he didn`t pay. Finally, I paid all the money, more than AED 200,000. One day he agreed to pay AED 4,000 every month and settle my money and stopped paying that also after 1 year. Now, he is not responding and changed his contact number, I don`t know where is he now! Can anyone advise me on how to get my money back? He gave me a cheque. When I talked to him last time he said he lost his job also. There`s now around AED 147,000 balance.

الشركاء يرفضون إطلاع أحد الشركاء على الميزانية الختامية للشركة

س: السلام عليكم، أنا شريك في شركة عائلية (ذ.م.م) تتكون من ٨ أشخاص. حدث اختلاف بيني وبين الشركاء. طلبت الميزانية الختامية فرفضوا. راجعت مكتب التدقيق وطلب مني فرصة يوم وبعدها اعتذر. ما العمل لكي أحصل عليها؟

My brother got arrested in Dubai. How to know his whereabouts?

Q: Dear Sir, I am in Pakistan and my brother got arrested in Dubai, I did not know the reason. How can I contact/trace his case? Please help.

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I want to file a request for mercy to cancel my deportation order for drug possession

Q: Hi I want to file a request for mercy to cancel my deportation order for drug possession. Can someone please assist me with what documentation should be attached to the legal memorandum? I have studied in the UAE and stayed in the UAE for 23 years. Please help to assist with what other documents are required with the legal memorandum. Thanks

The employee is entitled to the repatriation costs only if he leaves the country

Q: I have a question about the repatriation ticket and costs. As per the Labor Law, the employee is entitled to an air ticket. But our company has put another line that I will get this benefit only if I leave the country and don`t stay in the UAE. Can this be enforced? "Repatriation Cargo Note: Please note that you will NOT be eligible for Repatriation Benefits, if you transfer your employment visa or if you shift jobs in the UAE or continue to stay in the country post cancellation of your employment visa. You need to secure approval on your repatriation cargo, and avail it within three (3) months from the last date of service. Repatriation Tickets The value of repatriation tickets which is 50% of your annual airfare for you will be added to your Final Settlement payment as per policy. Note: Please note that you will NOT be eligible for Repatriation Benefits, if you transfer your employment visa or if you shift jobs in the UAE or continue to stay in the country post cancellation of your employment visa."

The father of a daughter is not willing to admit her. What to do?

Q: Hi, Does the newborn child whose father is from the UAE and whose mother is an ex-pat have the right to have UAE citizenship? Unfortunately, I am not married to her father but would like him to be obliged to his responsibility as a father. I am now in my country and planning to go back to the UAE with my child to also meet her grandparents. Will it be possible?

The landlord is asking for reissuing a cheque. Is it acceptable?

Q: Dear questioner, My current landlord is asking me to reissue a cheque he lost from my due payments 4 years back. I have a photocopy of the cheque I gave him, with his signature, and what he claims is that due to some error on their side, they didn’t cash it back then, and now they got rid of the cheque as it is invalid after this time. What grounds do he have to ask for this? Can I simply reject it? After 4 years I closed my books for 2018.

Is it possible to travel to the UAE while there is a travel ban in Qatar?

Q: Dear sir/madam, I have a travel ban in Qatar due to a credit card default. Due to this situation, is there any problem to travel to the UAE?

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What does review with concerned party mean when I apply for a clearance certificate?

Q: I applied for a criminal clearance certificate from the MOI and they responded by saying to review with the concerned party, what does this mean?

A friend is fined due to drinking beer in the car. Can he get a PPC?

Q: Hello, One of my non-Muslim friends had a minor accident while changing lanes inside the city and both the parties were fined and the issue was resolved. Then later he had a flat tire on the highway in Abu Dhabi. He called for the pick-up truck and as he was waiting for help and it was getting delayed for like 3 hours, he consumed one beer in the car and slept off. The police woke him up and took him to the detention center and kept him for 3 days. They took a fine of 20000 and left him. They said he will be notified and he has to appear in court. He is not sure what case is registered and how serious the issue is. What is the solution? Will he be able to get PCC later?

Is it possible to resign after one year to go back to home country?

Q: Hi, Good day! I have been working in my company for about 1 year and 1 month and I want to resign to go back home to my country. Are there any consequences for that? Any advice, please?

صديق أخذ شيكًا ضمانًا لمصاريف مدرسة أبنائه ولا يستطيع الدفع. ماذا يفعل صاحب الشيك؟

Q: السلام عليكم، لو سمحت أستاذ لدي استفسار. أعطيت شيك من فترة مساعدة لشخص وثقت فيه كي يضعوه ضمان لمدرسة أولاده حتى لا يخرجوهم من الدراسة. ما راعني الآن أنه يخبرني أنه ليس لديه أموال ليدفع والشيك سيتم الإبلاغ عنه. هو معترف بالشيك وأنه ضمان لمدارس أولاده. بمَ تنصحوني؟ وماذا أفعل إذا فتح البلاغ واتصلت بي المحكمة؟ عندي كل ما يثبت كلامه. الرجاء إفادتي! مع الشكر!

Can a husband force his wife to move out of the house upon filing a case for divorce?

Q: Dear sir/madam, I am under my company visa and not sponsored by my husband, however, now we live in an apartment that is under his name. He has filed for divorce in India and now suggests we should move to a shared apartment. Can he force me to move out of our current house? And can he force me to stay in a shared apartment? He says he cannot afford it but his salary is decent and I know he can still afford the house.