How to Get Child Custody

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How to Get Child Custody in UAE

• HHS Lawyers and Legal consultants

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• A Child custody case is heard in a UAE Federal
  Court, the involved parties are to obtain legal
  representation from Child Custody Lawyers in
  Dubai who can present each of their sides in
  relation to the legal case or dispute. The Judge
  decides the case by considering the best interest
  of the Child. This decision is derived from other
  factors, such as the mental and physical health
  of the custodian, the stability of the parents,
  financial conditions, and a stable environment to
  the child to name a few.

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The Federal Law on Child Custody and Children
Rights

• Federal Law No. 3 of 2016 aims to protect the
  childrens rights. This is also known as the
  Wadeemas Law.
• Article 156 of the Federal Law No. 28 of 2005
  explains that in normal circumstances, the
  custody of the child should go to the mother
  until the sons turn 11 and the daughters turn 13
  years of age
• Article 143 of the Personal Status Law describes
  the conditions required in a custodian.

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Getting Custody of a Child in Dubai

• Generally, the law grants the custody of a child
  to the mother. If a child has reached the age of
  discretion, the child can then decide and put
  forward his choice with whether he would want to
  live with the mother or the father after the
  separation. However, this can be contradicted if
  it is against the interests of the child. The UAE
  law draws various conditions to become the
  custodian, for the future betterment of the
  child. Under the Law on Child Rights, the parent
  that gets the custody of the child must be sane,
  capable of raising and taking care of the child,
  must be free from any infectious or
  life-threatening diseases and must not have any
  criminal record. The courts also generally
  consider religion as one of the requirements of a
  custodian. In some instances where the child is a
  Muslim (same as the religion of the father), and
  the mother is a non-Muslim, it may be difficult
  for the mother to win the custody of the child.

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Difference between Child Custody and Guardianship

• Child Custody is granted to a parent or a
  non-parent with whom the child will physically
  reside, the custodian will take care of the
  emotional and mental well-being and provide a
  healthy life to the child. Whereas, the
  guardianship is awarded to the person who will
  take care of the expenses such as education,
  finances, medicals, travel, and other areas of
  decision making.
• If the deceased father is the legal guardian,
  then on the death of the father, the mother
  becomes the custodian, and the guardianship is
  passed on to the closest male relative on the
  fathers side. In rare cases, the mother receives
  the guardianship of the child in the UAE. This
  can be granted only on the discretion of the
  Court.

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Applicability of Joint Custody in Dubai

• Contrary to popular belief, Joint Custody is not
  offered to the parents in the UAE. This is
  untrue Joint custody is offered to parents in
  rare cases as it is noted in very few cases there
  is a mutual agreement between parents to share
  the custody in the UAE. If the parents are
  willing and decide to share custody with a
  certain arrangement, the UAE Courts can grant
  such custody to the parents. The decision for
  custody in the UAE is governed by the Sharia law,
  which remains silent about joint custody. Since,
  the Sharia Law does not explicitly mention about
  joint custody, granting it does not contradict
  the law. This concept, although it will be
  applied to only rare cases and cases that demand
  the Court to grant such an arrangement.

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Understanding Travel Bans on Child Custody

• Travel Bans restrict the freedom of movement to
  another country. Such bans can be applied to the
  child by the other parent, which restricts the
  traveling of the custodian with the child out of
  the Country. If a parent goes against the travel
  ban, then this could lead to legal issues
  regarding the custody of the child. In such
  situations, it is advisable for the custodian to
  appoint a Family lawyer in Dubai to address the
  concerns regarding travel ban violation.

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Cases that result in Child Custody battle

• Divorce It is common for child custody battles
  to exist as a result of divorce or legal
  separation. The child custody will be awarded to
  the parent with whom lies the best interest of
  the childs future.
• Domestic Violence The UAE laws have set up Child
  Protection units to ensure the mental, physical,
  psychological, and moral well-being of the child.
  In such cases, the Court will grant custody to
  the parent who will be a beneficial custodian to
  the child. The custody will be granted with whom
  the child is safe and can live an emotionally and
  physically healthy life.

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Child Custody Lawyers in Dubai

• The process of achieving child custody is often
  considered complex and can be an unpleasant
  experience. HHS Lawyers and Legal
  Consultants aims to help make this process smooth
  and limit the complications that may arise in the
  case of child custody. The Family lawyers of HHS
  can offer a range of services regarding Family
  Law and can provide you with legal assistance in
  all situations.
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