Publications / Family Law


family law

|

February 16, 2017

|

2336 views


Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
Appointing
How to appoint a lawyer

Can I Claim Custody of Children Three Years After Wife Remarried?

Question: I am an Asian man whose ex-wife has been married to someone else for more than 3 years. I did not file a claim for custody of our children on these grounds even though I knew she had remarried. Can I still claim custody of my children even though three years have passed?

Answer: Unfortunately, according to Article No 152/3 of the UAE Family Law No 28 of 2005, you are meant to claim custody within 6 months from the date of your former wife's remarriage. Especially as you had knowledge of her marriage and if you cannot provide a valid reason for not bringing the claim earlier, there is a good chance that the court will determine that you no longer have the right to file a custody claim.

Question: I am an Asian woman who is married to a man from my home country. We have a lot of fights and problems and, unfortunately, I have found out I am pregnant with his child. Under these circumstances, am I legally allowed to abort the child?

Answer: It is unfortunate that your marriage is not going well but it does not give you an excuse to abort a child. If you did that you would be in breach of UAE criminal laws, specifically Article No 340 of Criminal Law No 3 of 1987 and its amendments. If you were to abort the child you could face jail time not exceeding one year or a fine of up to Dh10,000, or both. Your child is your gift. Try to keep it and do not think to punish an innocent child for the mistakes of his father. The law gives you the right to file family cases, to claim your right to get support from the father for the child.

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me







Main Menu

Contact Me