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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

i want to get separation from my husband, i have...

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i want to get separation from my husband, i have two babies one is of 5 month and second is 1 half year..he is not letting me to go with kids
Lawyer's Assistant: Where are you located? It matters because laws vary by location
i live in sharjah , UAE
Lawyer's Assistant: Has anything been filed or reported?
not yet because he is not letting me to go out
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
yes, how can i move with my babies

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that According to the Federal Personal Status Law and with the establishment of the marital relationship and not ending it, and if the husband want to divorce, the custody responsibilities are the responsibility of the parents together so as to ensure that they are sufficiently adequate and take care of them
Thus, if the custody is for the mother, it has a state for the father, and if the children are under the sponsorship of their father, he can prevent them from traveling or moving with her
Article (149)
The fosterer may not travel with the fostered child outside the State except with the written approval of his tutor. Should the tutor refuse to give his consent, the matter shall be submitted to the judge.
Article (157)
1. Without prejudice to the provisions of Article (149) of this Law, the tutor may keep with him the passport of the fostered child, except in case of travel, where he should hand it over to the woman fosterer.
2. The judge may order to maintain the passport in the hands of the fosterer should he notice an obstinateness from the tutor’s part to refuse delivering it to the fosterer in case of necessity.
3. The woman fosterer may keep the originals, or true official copies of the birth certificate and any other evidential documents, pertaining to the fostered child, as well as his identity card.
If both parties wish to apply the divorce law in effect in their countries, they must request this before the court
Article 1 of the Personal Status Law No. 28 of 2005 stipulates that provisions of the law shall apply to UAE nationals unless non-Muslims have provisions specific to their sect and religion, and its provisions apply to non-nationals unless one adheres to the application of its law. This means that the parties concerned may request the application of their own laws in matters of personal status.
The case must first be registered by any party in the Family Guidance Section of one of the Emirates for coordination between the parties and a date to meet with the family counselor.
Family orientation interview is mandatory to complete divorce proceedings in the UAE. Spouses are allowed to express their concerns about marriage in the absence of their legal representative.
The letter may be submitted to the court at any time within 30 months. The procedures of divorce are based on the estimate authority of the court as each part shall provide the evidences to defend.
The letter can be submitted to the court at any time within three months from the date of its issuance, and the divorce procedures are carried out at the discretion of the court and each party provides evidence in its possession against the other party in addition to the defense of each party for itself, knowing that the costs of divorce fees are approximately 100 UAE dirhams

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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