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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi can I ask something I'm single parents but my...
Hi can I ask something I'm single parents but my 2kids is in the family of my live in partner before they told me my live in partner they don't have rites to me in my kids but I'm working here in Dubai I want to take my 2kids
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the UAE Personal Status Law, the custody for the mother and the guardian is for the father, but for custody the law states:
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
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.
Article 148
1. The father or else another tutor of the fostered child must look after his affairs, discipline, orientation and education.
2. Whoever is in charge of the fostered child’s alimony must provide the rent of a dwelling for a woman fosterer unless the latter owns a dwelling in which she resides or affected for this purpose.
3. The female fosterer is not entitled to remuneration if she is the wife of the fostered child’s father or is in her waiting period during which she is entitled to alimony from him.
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
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.
Article 148
1. The father or else another tutor of the fostered child must look after his affairs, discipline, orientation and education.
2. Whoever is in charge of the fostered child’s alimony must provide the rent of a dwelling for a woman fosterer unless the latter owns a dwelling in which she resides or affected for this purpose.
3. The female fosterer is not entitled to remuneration if she is the wife of the fostered child’s father or is in her waiting period during which she is entitled to alimony from him.
الرد من العميل
How about sir if I'm working here in Dubai but I want to take my kids then my sister care to my kids because I'm not there in the Philippines
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear mother, the nursery is for the mother, and therefore the travel of the incubator and staying away from them is one of the reasons for the fall of custody, so the law does not allow those who are not eligible according to the arrangement of the law to transfer the nursery to your sister, so the father can take over the custody by force of law If it is proven that the incubator is away from her children
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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