Custody of My Children after Ex-Wife remarries

Primarily, Child custody is governed under the UAE family laws. The federal laws on Personal status laws administer it. In UAE, the regulations and laws are a combination of Islamic laws and international best practices. Let’s discover more today. Previously, UAE family laws were only determined by the Sharia principles. Child custody after the couples have divorced is rather a complex matter. There are a lot of complications and sensitivities involved in the matter. Therefore, there is a need for uniform and a proper legal framework to govern such complex issues. The matters get even more complicated if any one of the parents remarries. In case your ex-wife remarries in the UAE, this could significantly affect the child custody. Let us discuss it under the governance and interpretation of Muslim Law.

The simple or regular child custody law says, after the divorce of the parents, the child custody remains with the mother while the father retains the visitation rights, as guardian. There are few provisions available under which the child custody is given to the father as well. If the mother of the child remarries after the divorce, then the child custody case gets more intricate.

According to the UAE family laws, child custody is normally divided between the mother and the father. According to the personal status law, there are majorly 2 key roles, guardian and custodian. Custodian is also called HADANA in Arabic. The custodian is the parent who is responsible for the child’s daily care, upbringing, education, and welfare. On the other side, the guardian lies. It means Waliya in Arabic. Muslims Sharia law tells us that, father is always the guardian of the children.

The guardian is the parent who is responsible for providing financial support for the child. He also takes care of legal matters and is involved in the decision-making of the child. Usually, the mother of the child is granted the role of custodian. The mother is responsible for the upbringing and welfare of the child. It is until the law predefines a certain age limit. On the other hand, the father is normally assigned the role of guardianship until a specific age.

Child Custody in the UAE lies with the mother who has certain terms and provisions. There is an age limit for custody. According to the criteria, the custody of a male child remains with the mother until the age of 11. Whereas, the custody of a female child is until she turns 13. After this age limit, the father of the child can file for the child custody. If he provides in the UAE family courts that he can provide a better upbringing them a mother, he can win child custody in the UAE.

There are also some conditions for a mother to retain child custody in the UAE. In case, a mother is sound-minded and responsible and does not remarry to any unrelated man. Unrelated man refers to the non-mahram to a child. Moreover, if case a mother is capable of providing care and a stable environment to a child, the custody will remain with her.  In case the mother remarries, the father can easily apply for child custody in the UAE under a few conditions.

The remarriage of a mother affects child custody. The UAE child custody laws state that if the mother remarries a man who is unrelated to the child, the father is eligible to file for custody. The petition can be filed with UAE family courts for the transfer of custody.

The UAE family court will reassess the situations and scenarios related to a new marriage. They will figure out the negative impacts on the child of the new marriage and consider the child’s well-being.

Therefore, under the family laws in the UAE, the mother can lose her custodial rights if she remarries. However, there are still some exceptions where the mother can retain the child custody in the UAE.

• The court may allow the mother to retain the custodial rights after remarriage if the new husband is fit to take care of the child. In case, the child’s betterment is not compromised after remarriage.

Moreover, if the older or mature child expresses the desire to stay with the mother, he can. In case, the husband is unfit to take care of the child then the mother retains the child custody. On the other hand, the father has the right to claim the child custody after the remarriage of the mother. A family law in the UAE permits that under some crucial factors. It considers the best interest of the child, the ability of the father, and the stable home environment. They will also analyze the presence of maternal relatives to support the child.

The father must prove his ability to provide emotional, financial, and educational support to the child. They also need to prove that the mother has actually remarried an unrelated person. He also needs to prove that remarriage has a negative impact on their child and its future.

The father has to take certain important steps to claim child custody in the UAE. Under the child custody laws, the father can file for custodial rights after the ex-wife remarries. The filing of the petition is launched with the UAE Family Courts or UAE Personal Status Court. The father can request on solid grounds for custodial rights. The father needs to provide sufficient evidence to support his claim. They must gather the legal documents of the remarriage of the mother of his child. The eyewitnesses need to prove that. Besides, they need to prove the home environment suits the child along with financial and emotional capability.

A UAE family court encourages the mother and the father to attend the mediation sessions. It is a platform provided to the parents to reconcile and agree upon mutual points with custodial disputes. The UAE family courts will conduct a detailed assessment. They will organize the interview with the parents before a final verdict. They also seek expert reports to examine child welfare before the final decision is made.

Therefore, it can be concluded that under family laws in the UAE child betterment and well-being are prioritized. The UAE Family Court also makes extra efforts to provide a safe, healthy, and secure environment for the child.

Child protection is given utmost importance considering the future of the child.  UAE child custody laws also advocate that the child’s best interest remains intact. In case an ex-wife remarries the top, priority is given to child security and a better future. For details and services, you can contact our FAMILY LAWYERS.