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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hello. My husband and i are expats living in the...

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Hello. My husband and i are expats living in the UAE and have a 4 year old son. We were legally married in South Africa. i have asked my husband for a divorce but he beat me to it and filed for the divorce in the UAE. In the meantime he has hacked my phone and found some messages and pictures that could prove adultery. If my husband does not lay a criminal case against me (as he says he would not), what can he do in the court regarding the custody of my child with the proof that he has? i appreciate your advise
Lawyer's Assistant: Where are you located? It matters because laws vary by location
We are based in Dubai, legally married in Cape Town & registered our marriage in Dubai
Lawyer's Assistant: Has anything been filed or reported?
My husband has filed the divorce in the UAE thats all thats been done so far. We have our mandatory counselling session on the 22nd September
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
no i think thats about it, thank you

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                                        
Thanks for joining and trusting us, much appreciated!

We would like to inform you that according to the UAE Personal Status Law, a fosterer is eligible for custody if the following conditions are met:

The fosterer must satisfy the following conditions:

1) sound judgment;

2) having attained the age of maturity;

3) fidelity;

4) ability to raise the fostered child and provide for his maintenance and care;

5) safety from dangerous contagious diseases; and

6) not previously condemned for a crime against honour.

Also, the presence of some photos proving adultery is not considered as a reason to drop the custody.

Article 143:

The fosterer must satisfy the following conditions:

1) sound judgment;

2) having attained the age of maturity;

3) fidelity;

4) ability to raise the fostered child and provide for his maintenance and care;

5) safety from dangerous contagious diseases; and

6) not previously condemned for a crime against honour.

 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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