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May 26, 2016

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UAE Family Matters Q&A: Who Has Custody Pre-Judgment?

Question: My former partner and I are in a custody dispute. While the court dispute is going on and before any judgment, who has the right of custody?

Answer: In accordance with Article 146 of UAE Federal Law No 28 of 2005 referred to as the Personal Status law, the child should remain with the mother for the duration of a custody dispute.

Question: I am in a dispute with my former husband over child custody. After being divorced, can I stay with my child in another city in the UAE?

Answer: According to UAE laws, in general a divorce decree is issued as a revocable decree for three months. After that three months, referred to as Iddat, or waiting, period the divorce automatically becomes final and irrevocable. You will have the right to move to another city in the same country only after your divorce becomes irrevocable. However, it needs to be kept in mind that moving to a different city should not harm the child or the father, since some fathers may object in court to their child moving away from them, citing it as harmful to the child. It would always be advised to think carefully before making such a decision.

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