Former husband now wants custody of our child. How do I prove I’m a fit mother?

Q I am a divorced mother. I have had custody of my child for a long time, now my husband is disputing this. I am afraid that I cannot prove I am fit to take care of my child. A When dealing with similar cases, the Supreme Court of Dubai decided that if you have custody of your child and no new circumstances arose that affect your ability to take care of your child and their best interests, your husband shall be the one required to prove he is fit to take care of the child. He would also have to explain why he is claiming custody and what the new circumstances that arose that gives him the right to file such a case are. The same rule exists in Article 118 of UAE Civil Law No 5 of 1985, which states that “evidence is used to prove the contrary of what is apparent and oath to corroborate what originally exists”. However, it is advisable to have witnesses who can testify in court how it is in the best interest of the child to be with you and, should custody is granted to the father, how the best interests of the child can be affected.

My husband and I are both Christian Egyptians. In our country, when applying for custody of children, boys must remain with their mother until age 7 and girls until they are aged 9, then they must be given to the father. Can I apply this rule in the UAE? According to Article 1 of UAE Family Law No 28 of 2005, you have the right to apply your nationality’s law and, according to Article No 25 of UAE Civil Law No 5 of 1985, if in your home country you have a specific law that applies in your religion, then this law has to be applied. Since in your country the applied law would be the religious law in your case, which states the age limit, you will have the right to bring this law and apply it here.

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