Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : April 17, 2016 | Author : alrowaad
Category : Dubai laws | Total Views : 142 | Unrated

Hassan Mohsen Elhais After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system. Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.

Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court's discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. A married couple living agreed to a mutual divorce in 2004, and filed accordingly in the Family Court.

The couple had a daughter together, and they decided to write up an agreement that gave the mother custody of the girl until she reached the age of 7 years. At such point in time, the daughter would automatically go to her father, the guardian, and he would be considered both the guardian and the custodian. When the daughter reached 7 years of age, the mother refused to hand her over to the father. The father filed a claim in court to seek the enforcement of their original agreement, by which he would gain custody of the child. The mother objected to the agreement's enforcement and sued accordingly.

After the agreement was originally made in 2004, new legislation was passed in the area of family law in 2005. The most relevant change of law was Article 156 of the Personal Affairs Law, which states that the custody of a child shall go to the mother, until 11 years of age for a boy and 13 years of age for a girl. In that same clause, the law sets out that this circumstance can change if the court determines something else is best for the child.

The mother made claims under three different laws. Under Article 110(2), in a divorce, if both parties cannot agree on the expenses for the child or the child custody, then they cannot agree to withdraw the custody itself. In accordance with Article 156, mentioned above, the mother claimed the agreement was unenforceable. Lastly, the mother claimed the agreement should be executed and the child should forcefully be taken from the father by the court, in accordance with Article 158. The Court of First Instance agreed with the mother and found that the agreement was unenforceable due to current federal legislation, and that the daughter would stay with the mother until she reached the age of 13 years. The husband successfully appealed the decision in the Court of Appeals, and was consequently awarded custody of his daughter. Following this decision, the wife appealed to the Court of Cassation, which is similar to Western society’s Supreme Court. A decision from the Court of Cassation is final and cannot be further appealed.

The final decision in the Court of Cassation upheld the judgment of the Court of Appeals, meaning the father was awarded custody of the child consistent with the agreement made by the parents in 2004. Although there was current legislation that contradicted the terms of the agreement, it is important to note that the Court held this legislation was not retroactive. According to the Court, the agreement was entered into amicably and mutually and should not be overturned. The Court found that no circumstances had changed that would render it in the child’s best interests to stay with the mother, and therefore there was no obstacle in granting the father custodianship.

This decision rendered by the Court of Cassation took into account what was best for the child in choosing to make the law non-retroactive. Though current legislation is not normally applied to agreements made before the passing of the law, the Court kept the door open to apply it retroactively if there were any changed circumstances. For instance, if in the case mentioned above, at the time the agreement was to be executed it was in the child’s best interests to stay with the mother, the Court would have applied current legislation or even extended the mother’s custodianship to past 13 years of age for the daughter. This case shows the great deal of detail of discretion awarded to Courts in deciding family law issues.

Author: Mr. Hassan Elhais is a professional Lawyer who specializes in Litigation in Dubai, United Arab Emirates.

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Dubai laws category
Road Traffic Injury & Accidents
Drugs and the Law in Dubai
Labour Law in the UAE
Marriage Dissolution: Compensation
Alcohol & Licensing in Dubai
Traffic Offences in Dubai
Banking Law - Personal Guarantee
Adoption in the Uniter Arab Emirates
Know your Labor Rights in the United Arab Emirates
Extradition Procedures of UAE
Possession and Using of Drugs in the United Arab Emirates
Banking Law - Corporate Guarantee
Divorce Process Under United Arab Emirates Law
Parent Child Abduction in United Arab Emirates
Inheritance Law - Rules of Succession in Dubai, United Arab Emirates
Business Law - UAE Freezones: Ras Al Khaimah
Most recent articles in Dubai laws category
Business Laws and Regulations in Dubai, UAE
Application of Home Country Inheritance Law
UAE Patent System
Heirs According to Shariah Principles of Succession
Extradition Article About Conditional Requirement
Introduction Article about Extradition
Responsibilities of the limited liability companys manager
Limiting Trademarks Infringements Part 3
Trademarks Ownership Part 2
Divorce in the United Arab Emirates
Validity of Pre and Post Nuptial Agreements
Criminal Law about Fraud
Child Protection Law UAE
End of Service Benefits Comparison of Gratuity under the UAE Labor Law and DIFC Laws
Trademarks Part 1
Punishments About Theft

Article Comments

there are no comments...

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
Know your Rights: 5 laws that expats should know...

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
 ISBN No: 978-81-928510-1-3