Parent Child Abduction in Dubai
Parental child abduction is a major issue that happens in the entire world without prior information. Parental child abduction happens when one parent takes his or her child with them to another place or country without the permission of other people who have the responsibility on the child. This might be happening with the breach of contract. The safety of children is in the hands of their parents’. But this does not mean that the safety is to be carried out without knowing the child’s mental health.
In the case of the UK and UAE, the abduction of a child from the UK to UAE is not a crime recorded in the UAE. This is because the extradition between these two countries. But in the UAE, the parental child abduction from the child’s guardianship is against the law. This is considered as a criminal offense in the UAE. Otherwise, an abduction case in the UAE is treated as a child custody case. Child protection is more important than any of the parental disputes. UAE courts apply decisions regarding the permission for custody on the child safety criterion.
In case of single parent cases, the general information regarding the law may apply with some legal advice sought in the UAE. UAE Personal law Affairs deals with the child custody cases and disputes regarding it. Muslim mothers keep their girl child with them under 13 years old and boy child under 11 years old. After then the custody might be transferred to the father or other family member if that benefits the child. Also, if the mother marries another person, she won’t get the child custody anymore.
In case of the Non-Muslims, the child’s birthplace law applies until it does not strike with the federal local laws. But if the case has begun in the UAE court, then local laws of their country cannot be applied.
If the child’s father is a Muslim, the child is considered as a Muslim as per the UAE law. The child custody is only given to the parent with the same religion to the child. If the mother is of another religion, then her custody will be annulled unless it is decided by the judge. She can seek an appeal if lodged within 30 days after the court decision.
The parent who doesn’t have custody of the child is subject to a judicial decision. If the parent chosen by the court refuses to take the custody of his or her child, then the court forcibly works out the plan.
When the parents fail to take the decision of their child’s custody and don’t want to reach court for the decision, a mediator is the only solution. The mediator will discuss between them and find a solution on the child custody and contact.
If the mother has the child custody and is in need of travelling out of the UAE with the child, the judgement should be checked first. Then only she can make a decision regarding the child’s travel. Any kind of travel bans that are imposed might be checked before travel. She can ask for a written approval from the father. If he refuses, it can be brought in the court. The protection-based decision might be taken by the court as per UAE laws.
The children with UAE citizenship fathers normally get the citizenship of UAE by birth. This does not take into account wherever the child is born. In some cases, the UAE mothers can also transmit citizenship.
If the non-custodial parents need to visit the child, they need to get appropriate order from the respective authorities. It depends on the people regarding the visitation rights. Some people might be liberal in them and some might be non-liberal. So once the law is breached you can visit the court.
The increasing number of parental child abductions in the UAE is due to the application of their own civil laws. Knowing the correct UAE laws related can avoid unnecessary legal formalities. For further clarifications you can get free legal consultation in Dubai and can find lawyer UAE through our best service. You can also get online legal advice in Dubai by opting us through https://iadvise.live.
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