DCC 59/2009/1
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Divorce, Children, Custody & Access, Appeals, Financial Support of Children
Copyright
LexisNexis
Decision date
3 Nov 2009
Catchwords
Divorce – Children – Custody – Maintenance – Appeal
This case involved whether a working mother did not have the usual priority rights to custody of a young child on divorce. The case also considered if she had waived the custody request by the way she had made her appeal.
Background
An individual filed the action No 232/2008 against her husband through a memorandum demanding the following establishment of her custody of her son born on 01/06/2003, monthly alimony for the child that included education, treatment and rent, 3 compensation for the custody, a non-retractable divorce and 5000 AED, alimony as of 01/01/2008 until the end of the waiting period.
The wife explained that from 28/07/2002 they had a consummated marriage and had a son who still under the age of custody but the Defendant turned her out of the house and refused to give her their son and he hit her and abuses her verbally. He also refused to spend on her.