DCC 24/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates, Brazil
Taxonomy
Jurisdiction & Choice of Law, Divorce, Custody & Access, Children, Nationality & Citizenship, Civil Evidence, Residence
Copyright
LexisNexis
Decision date
26 Jun 2005
Catchwords
Foreign law – Divorce – Custody – Children – Nationality – Evidence – Residence
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