A report was released in 2016 and it shows that one in four marriages in UAE ended in divorce. Divorce can get so ugly and emotional and the ones affected the most are the children. For this reason, it has been a constant question for many people how child custody works in the UAE especially while the divorce is still ongoing. In this case, getting an overview of Dubai Divorce Law child custody would help you make a better decision during your legal battle.
Hadana is an Arabic phrase which means, "means holding a child close to one's heart by protecting and educating." Traditionally, hadana applies to the mother. It means, by default, the mother becomes the custodian of the children while their father becomes the guardian. Lawyers in Dubai could explain this concept very well to you.
While the hadana principle is commonly practiced in the UAE, things can easily change and get complicated. There are certain laws in the UAE that could change how child custody works.
UAE nationals are governed by the Sharia Law. However, for expats, they have the option to apply the divorce law of their home country or rather choose to be under the Sharia Law.
This is where things can get too complicated. When the expat's home country law goes directly in conflict with Sharia Law, the latter would automatically be imposed. In this case, a divorce lawyer in Dubai can help you determine the best course of action.
According to Sharia Law, the child should live with their mother until they reach their 13th birthday for a girl and 11th birthday for a boy. If the child is at the right age, they can choose to apply for custody.
...continue reading
Hadana principle in the UAE
While the hadana principle is commonly practiced in the UAE, things can easily change and get complicated. There are certain laws in the UAE that could change how child custody works.
Expatriates and child custody
UAE nationals are governed by the Sharia Law. However, for expats, they have the option to apply the divorce law of their home country or rather choose to be under the Sharia Law.
This is where things can get too complicated. When the expat's home country law goes directly in conflict with Sharia Law, the latter would automatically be imposed. In this case, a divorce lawyer in Dubai can help you determine the best course of action.
According to Sharia Law, the child should live with their mother until they reach their 13th birthday for a girl and 11th birthday for a boy. If the child is at the right age, they can choose to apply for custody.
...continue reading
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