- Legal Articles
- Ask Elhais
December 28, 2017|
Question: My husband entered a settlement agreement with me to give me the custody of our children. Now he wants custody of them and is not accepting the settlement agreement. Can he do that?
Answer: A settlement agreement notarised by court is a registered document. Both parties are bound by the terms of the settlement agreement, including any terms agreed to between the parties regarding the custody of the children.
If your husband has given you custody of the children in the settlement agreement notarised by court, he is bound by that agreement unless there is a material change to the circumstances which he can prove to the court. According to article 110 of Law No 28 of 2005, the right of custody cannot be waived, nevertheless, agreement to certain conditions in the settlement agreement makes the claim more challenging as the court is well within its right to refuse the removal of such clauses from the contract. Hence in the absence of any legitimate change in circumstances which can affect the betterment of the child, chances are that the custody shall remain with you, the mother.
However as mentioned before, your husband is free, under the law to proceed to court with an application for custody of the children based on evidence. The court shall decide this on the basis of the merits of his claims and the settlement agreement.
Question: My husband does not want to co-operate and has not shown up to the Family Guidance committee? What can I do?
Answer: The Family Guidance committee is the first step in divorce procedure. In family cases, the family guidance committee has to issue a No Objection Certificate to proceed with the case in Dubai Courts. The claimant needs to produce their original ID and marriage certificate to the committee. If the marriage certificate is used outside the UAE, it should be legalised and attested for use in the Dubai Courts.
Once the claimant has filed with the above documents, the Family Guidance committee gives a date for the hearing to the other party. At this stage of the process, the husband and the wife are required to appear in person before the committee and cannot be represented by family members or lawyers. If the other party does not attend on the hearing date, the Family Guidance committee might grant one more date before issuing the No Objection letter or Transfer Letter to file the family case.
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.
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.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
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.
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.
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.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
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.
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.
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.