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One of the key factors of divorce proceedings concerns child custody and related rights. Often, child custody in UAE becomes a challenging factor during divorce proceedings for couples due to the lack of consensus between them and usually the unwillingness of one party to relinquish their rights over the child. Child custody becomes even more challenging when one of the spouses ends up abducting the child to another country to evade legal proceedings. The amount of anguish that a parent goes through in such trying circumstances is unfathomable. Expert legal advice and guidance become essential to ensure the best legal protection in child custody and retain your rights. If and when you are facing marital separation or are contemplating divorce, you should look up for the best legal representation, and this can be done by researching success stories and evaluating client feedback that you will come across through online web-references when searching for the best family lawyer near me.
One of the most perplexing questions that haunt people when proceeding with a divorce is majorly the uncertainty concerning -who gets child custody in divorce? This is a complicated question, and quite often, people are fed misinformation concerning this crucial point of law. The right answer to this question can only be determined after the facts of each case are independently analyzed by an experienced family lawyer. However, it would be safe to say that the child’s best interests are the prime objective of a court of law in the UAE while determining child custody.
Child custody law in UAE for ex-pats can be quite complicated, especially due to conflict between personal laws and UAE Sharia law, and an expert lawyer specializing in Child Custody in UAE is your best bet.
Our team of family lawyers are experienced in dealing with divorce and separation matters. We recognize the emotional and personal difficulties that one faces under such circumstances and work with you to resolve the matter in your best interest. We undertake different approaches to reach the best result be it through mediation or contested divorce.
In divorce and child custody matters, the court determines each parent’s financial responsibility for the children involved based on each party’s finances and establishes the sum of money to be paid by one party to the other.
Under Personal Status Law, the husband and the father is liable to pay towards all expenses of his wife and children regardless of the woman’s financial standing and income.
When it comes to claiming financial support from the husband, the most important aspect of this is to prove the husband’s income. The income of the husband shall determine the amount of the maintenance paid towards the children and the one-off lump sum amount to be paid to the wife.
Parental child abduction is a criminal offence in the UAE and if you fear that the child might face risk of parental abduction, you can file for child custody and impose travel bans on your child,
“Custody and guardianship of a child are defined by Federal Law No (28) of 2005 concerning Personal Status, the mother is the natural custodian of the child, unless otherwise specified by the court, and the father is the guardian who holds the rights of supervision and maintenance of the child”.
Under the UAE family laws, in father of the child being the legal guardian possesses the right to impose travel ban on the child and similarly the mother of the child can make similar requests if she fears that her spouse may abduct the child.
In instances wherein travel ban has been imposed on the child, either parent can request the court to rescind the order of travel ban by submitting a guarantee of a child’s safe return to the UAE. The court will view your case on its merits and will take the decision base don’t he child’s best interest.
Adultery is a recognized ground for divorce in the United Arab Emirates. When an act of adultery is committed in marriage by one partner, it constitutes one of the most excruciating experiences that any person can go through.