DCC 24/2005

This case involved the custody of a child when a divorced father had to move to Saudi for his work. A key issue was whether Brazilian law should apply because of the nationality of the litigant when the consulate had failed to provide the required information on Brazilian law.

Background Facts

An Appellant was the wife of the Respondent and gave birth to his daughter, but he divorced her and moved to Saudi Arabia because of his work.

However, the Defendant refused to move with their daughter to the country to which he had moved, which prompted the Plaintiff to file the lawsuit to request the removal of custody from the Defendant of their daughter.

Proceedings

Court of first instance | Decision Number 193 dated 13/01/2004 The court ruled to drop the Defendant's right to custody of her daughter

Appeal at Sharjah Court of Appeal |Decision dated 20/03/2004 Appeal rejected and appealed judgment confirmed.

Appeal in Cassation before Dubai Court of Cassation