About Child Custody Law in Dubai, United Arab Emirates
The child custody law in Dubai, United Arab Emirates, is primarily guided by the principles of Sharia law. This law emphasizes the best interests of the child and considers the suitability of each parent. Under Sharia law, custody of children typically goes to the mother, however, the father is responsible for their financial support. Custody matters may vary, and get complex, especially for expatriate residents involving international laws. It's always advisable to seek professional advice.
Why You May Need a Lawyer
Navigating the intricate network of child custody laws in Dubai can be challenging without legal advice. A lawyer becomes essential in situations like divorce proceedings, disputes concerning custody, determining expenses for upbringing, cases involving potential child abduction, and concerns about child welfare. Lawyers bring expertise and experience, ensuring that all legal procedures are correctly followed, and advocate for the best interest of the client and the child involved.
Local Laws Overview
According to Dubai law, the mother generally maintains custody of boys until they reach the age of 11 and girls until they are 13. However, this may vary in cases where a mother remarries or is incapable of upbringing children. The father, being the guardian, retains the responsibility of education and financial maintenance. Once a child reaches legal maturity, he or she has the right to choose which parent to live with. Diverse factors like child's age, parent's character, financial stability, and the child's preference are considered by the court for final custody decisions.
Frequently Asked Questions
1. Can the custody law in Dubai be applicable for foreigners?
Yes. Foreign residents are subject to the UAE child custody laws, although, in certain instances, it might be possible to apply the law of their home country.
2. What happens when a parent doesn't adhere to custody agreements?
In cases where a parent violates the custody agreement, the other parent can file a lawsuit. Where the violation is serious, it can lead to the revision of the custody agreement or even criminal charges.
3. Can a mother lose custody of her children?
Yes. A mother can lose custody if the court decides she is unable to properly take care of the child or if she remarries someone deemed 'unfit' for the child's upbringing.
4. Can a father refuse to financially support his children?
No. Fathers are legally obliged to provide financial support to their children in Dubai. Failure to comply can lead to legal actions.
5. Can custody decisions be appealed?
Yes. If you are unhappy with the court's custody decision, you have the right to submit an appeal within a specified period (generally 30 days).
Additional Resources
The website of the Dubai government offers information on family law including child custody, and the United Arab Emirates Ministry of Justice often has related publications. Additionally, various legal aid organizations and law firms provide resources and insights on child custody laws and procedures in the Emirates.
Next Steps
If you require legal support regarding child custody in Dubai, begin by researching reliable family law attorneys who specialize in child custody cases. Compile any relevant documents, such as divorce decrees, previous custody agreements, or evidence supporting your case. Ensure to communicate openly with your chosen legal professional to ensure the best outcome for your child and yourself.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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