إسأل Attorney الآن

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hi I need some legal assistance for obtaining...

تم تقييم هذه الإجابة:
Hi I need some legal assistance for obtaining custody as a Father for re-settling
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
Yes, false accusations
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Contact me asap please

إطرح سؤالك

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that you shall start by the filing of a case for dropping custody at the Personal Status Court, which is located in the emirate where you reside, and in light of that, its validity will be determined for custody, and if the court decides to drop custody of the mother, then custody in accordance with the provisions of the UAE Personal Status Law will be transferred to you as a father according to the provisions of Article 146.
Following are the articles of law related to your case:
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.
 
Article (144)
In addition to the conditions mentioned in the above Article, the fosterer must:
1) If a woman:
a) Be not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child.
b) Be of the same religion as the fostered child, with due compliance with Article (145) of this Law.
2) If a man:
a) He must have around him a woman able to be a fosterer.
b) Be related to the fostered girl with such close kinship prohibiting him to marry her.
c) Be of the same religion as the fostered child.
Article (146)
1. Fosterage of the child is a right to the mother, then to the females, within the prohibited degrees of kinship, giving preference to those from the mother’s side over these from the father’s side taking into consideration the closest degree from both sides, with the exception of the father, and the judge shall in his decision consider the interest of the fostered child. In deciding who is the fosterer, the following order shall be observed:
a) The mother.
b) The father.
c) The grandmother, from the mother’s side, and upwards.
d) The grandmother, from the father’s side and upwards.
e) The sisters, giving preference to the full sister, then to the stepsister from the mother’s side, then the stepsister from the father’s side.
f) The daughter of the full sister.
g) The daughter of the stepsister from the mother’s side.
h) The aunts from the mother’s side, in the same order as the sisters.
i) The daughter of the stepsister from the father’s side.
j) The daughters of the brother in the same order as the sisters.
k) The aunts from the father’s side, in the above order.
l) The mother’s aunts from the maternal side, in the above order.
m) The father’s aunts from the maternal side, in the above order.
n) The mother’s aunts from the paternal side, in the above order.
o) The father’s aunts from the paternal side, in the above order.
2. Where no fosterer is found among the above women, or if none is qualified, fosterage shall pass to the male agnates, in the same order followed in inheritance, giving preference to the paternal grandfather and his ascendants (provided the sequence is not interrupted by a female ascendant) over the brothers.
3. If none of the above exist, the right to fosterage passes to the males, within the prohibited degrees of kinship with the child other than the agnates, in the following order: the maternal grandfather, the stepbrother from the mother’s side, the son of the maternal stepbrother, the unilinear uncle from the father’s side, then the maternal uncles by giving preference to the consanguineous, then the unilinear uncle (his mother’s stepbrother) from his father’s side, then the unilinear uncle (his mother’s stepbrother) from his mother’s side.
4. Should fosterage be refused by those entitled, male or female, the right passes to the next entitled who shall be notified thereof by the judge and if he refuses or keeps silent for fifteen days, the right passes to the next in rank.
5. Under all circumstances, is not entitled to fosterage, in case of difference in sex, whoever is not within the prohibited degree of kinship with the child, whether male or female.
6. Unless the judge deems in the interest of the fostered child, the mother, in case of litigation, is entitled to fosterage.
7. In case of difference between the spouses and where the mother leaves the conjugal domicile, even if the bond of marriage has not been dissolved, the mother or the father may apply to have the children join him/her and the judge shall decide in accordance with the children’s best interest.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار