All the personal status cases in the United Arab Emirates, are governed by a Law known as Federal Law 28, of 2005 which is an amendment of Federal Law 5 from 1985. It comes under Civil Transaction Law. Recently new Laws are also issued by Abu Dhabi Government. This new Law is for Non-Muslims only. UAE’s own law is based on Sharia Law, therefore it is only for Muslims.
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As per the Law, first, we need to understand the concepts. Guardian and Custodian, there are two different parties. Guardian is the one who has to provide the financial support and he is responsible for the financial support. Article 181, of Personal status Law, states that the first right is for the father and the second is for the grandfather only. Mother can’t be the guardian. Guardian can keep the passport. When it comes to travel, then he has to provide for his mother. If the mother (custodian) has to travel outside the court, then she has to take the permission from Father. It has to be written permission. If the guardian does not grant the written permission then he can appear in Court to obtain approval from the guardian.
Article 146, of the Personal Status Law, tells us about the status of Custodians. Custodian is a mother and she has the right until a certain age. Custodian’s job is to support and take care of the KID, save him from hazards, and difficult situations, and manage his life “Day-To-Day Life”, as well as other matters in life. Custodian must be mature, have a sound mind and have the capability to provide a brought up to a child. As per Law, daughter age must be 13 and boy age must be 11 for the final custody. After this age, custody is granted to the guardian. There are a few conditions in which, the mother can still ask for custody after the certain age of 13 and 11, for girl and boy respectively. In Case of Visitation, judge can also order a Night Stay with the guardian along with normal custodian rights.
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Procedure to Follow:
To hire Lawyers, in Dubai and UAE, like Ask The Law Al Shaiba Advocates and Legal Consultants, first, a Consultation is booked. A team of Lawyers provide you with a legal solution. After that lawyers are hired or can be hired by signing the engagement letter. Power of Attorney is also provided. For further details, visit the Law Firms in Dubai or direct Ask The Law Al Shaiba Advocates and Legal Consultants.