DCC 124/2009/2
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Divorce, Custody & Access, Children, Civil Evidence, Passports
Copyright
LexisNexis
Decision date
16 Dec 2010
Catchwords
Divorce – Children – Custody – Fostering – Help – Tutor – Travel – Passports – Evidence
This case involved a claim by a divorced woman for an increase in various allowances she had been granted as a result of having custody of her children which their father was expected to pay. Key aspects of this case was whether the mother was still due to receive these amounts and continue with the custody as she had taken the children outside the country without his permission, he claimed he lacked financial means and she was unfit to care for them as one of them had been injured.
Key Legal Questions in the Judgment
- The entitlement of a divorced woman to a custodian or fostering salary for her service and care for a child as long as they are the age for fostering.
- The scope of application of the personal status law.
- The conditions for the obligation of a father to bear the help expenses of their child who is still under custody as per the Maliki rite.