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)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Bangladesh 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
 Miscellaneous
 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

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : May 21, 2016 | Author : alrowaad
Category : Dubai laws | Total Views : 644 | Unrated

  
alrowaad
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.
 

Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage.

Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.

As set out in Article 143 and 144 of the Personal Status Law, a custodian must:

i. Be rational

ii. Be mature enough and have attained the age of puberty

iii. Be honest

iv. Be able to bring up and take care of a child

v. Be free from infectious disease

vi. Not have been sentenced to a crime of ‘honour’

vii. If the custodian is the mother, she must

- Not re-marry unless the court decides it is in the best interests of the child

- Be the same religion as the child

viii) If the custodian is the father, he must:

- Have a suitable woman living within his home to care for the child (such as a female relative)

- Be the same religion as the child

As set out at Article 146 Personal Status Law, the mother will have custody of young children. Unless the court orders otherwise, custody will move from the mother to the father once the children reach the age of approximately ten and a half for a boy, and twelve and a half for a girl. The court is able to move custody to father and other maternal/ paternal family members, if it is determined that the mother does not meet the criteria for a custodian as set out above. Nevertheless, when determining such matters the court will consider the welfare of the child as the primary concern, and make a decision based on the child’s best interests in each particular case.

Guardianship involves supervising, protecting, educating and preparing a child for life, and agreeing to the child being married when necessary. It will often mean making the decisions regarding a child’s schooling or medical treatment. It also involves guiding the child in terms of morals, education and religion.

Guardianship will be removed if the guardian committed rape, disgracing conduct or prostitution or led the child in such ways, or if the guardian was sentenced to punishment for a felony crime or misdemeanor that affected the ‘soul’ of the child. Guardianship can be permanently or temporarily removed if the guardian was sentenced to imprisonment, or if he subjected the child to excessive danger. When investigating such cases, the court may temporarily decide to hand over guardianship of a child to a specialized social organization.

Briefly explain the legal position in relation to access/ contact/ visitation following the breakdown of a relationship or marriage.

Contact with a child post divorce is called ‘visitation’. The guardian is entitled to visit the child regularly. The custodian may not move the child permanently to another country if it would prevent the guardian from exercising contact with the child. A guardian (usually the father) may make an application to court for an order to allow him to exercise his right to visit the child. Usually such contact would take place for an afternoon each weekend, and for an additional time during school holidays. Staying contact would only be permitted where the child is over the age of 2.

Author: Experienced lawyer Hassan Elhais, along with his team of prominent lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.




1 2 3 4 5
Rate this article!     Poor
Excellent    

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
Banking Law - Corporate Guarantee
Extradition Procedures of UAE
Adoption in the Uniter Arab Emirates
Possession and Using of Drugs in the United Arab Emirates
Know your Labor Rights in the United Arab Emirates
Parent Child Abduction in United Arab Emirates
UAE Patent System
Inheritance Law - Rules of Succession in Dubai, United Arab Emirates
Power of Attorney in the United Arab Emirates
Most recent articles in Dubai laws category
Arresting Individuals
Arrest Order Issued by the Public Prosecution
How to Get Singleness Certificate from Indian Embassy in UAE?
Pretrial Imprisonment Order
Bail Procedure
Can Victims Claim Compensation?
Referral After Completion of Investigation
Rules and Regulations Followed in Criminal Cases
Witness Hearing Before the Criminal Courts
Why Setup A Free zone Company in the UAE
Family Court Process
The Legal Dos and Donts of Property Purchase
Business Laws and Regulations in Dubai, UAE
Application of Home Country Inheritance Law
UAE Patent System
Heirs According to Shariah Principles of Succession

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. It is a landmark in the history of social legislation. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. The Hindu marriage contemplated by the Act hardly remains sacramental...

Statistics
» Total Articles
1579
» Total Authors
4715
» Total Views
21320818
» Total categories
42

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

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3