Publications / Family Law


family law

|

March 24, 2016

|

1785 views


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

Why Was My Child Kidnapping Plea Against My Wife Dismissed?

Question: I am a non-Muslim expatriate living in the UAE. My wife left the country and took our child with her. I do not know where they are now. I applied to prosecutors to have a child kidnapping case filed but my request was dismissed and I don't know why. Any ideas why this would be the case?

Answer: UAE law is such that you will first need to file a child custody case on the grounds that the mother has taken the child to another jurisdiction and is not allowing you to see and supervise your child. On the basis of the custody court order, you will then have the right to apply to prosecutors to file a child kidnapping case under Article 329 of UAE Law No. 3 of 1987 (the Penal Code). After getting the child kidnapping case filed you will also have the option to request for an Interpol red notice. Your initial application was most probably dismissed because you did not have a custody court order.

Question: I am Syrian and my husband is Egyptian. Both of us are living in the UAE. We want to file for a divorce here. I want my country's law to be applied and my husband is asking for his country's law to be applied in the divorce proceedings. Which law is applied in these circumstances when agreement cannot be reached?

Answer: Article 13 of the UAE Civil Code (Law No. 5 of 1985) reads: "The law of the state of which the husband is a national at the time the marriage is contracted shall apply to the effects on personal status." Therefore, Egyptian law will apply.

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