The National - News

The rights a guardian has over children in a split-up

- If you have a question for our legal consultant, email media@profession­allawyer.me with the subject line “Family Matters”

Q I have custody of my children but my husband is stated as their guardian. What is a guardian and what are his responsibi­lities under UAE laws?

A Guardiansh­ip involves supervisin­g, protecting, educating and preparing a child for life, as well as giving consent for the child to marry (this is only applicable for daughters) when necessary. It may 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 is at the discretion of the Family Court judge and may be removed or changed if the guardian is deemed unsuitable for the role or if the guardian’s presence is not in the best interest of the child. The court can strip a person of guardiansh­ip if they commit rape, conduct themselves disgracefu­lly, are found guilty of prostituti­on, or misleading the child. Guardiansh­ip can also be lost if the person is sentenced to punishment for a felony crime or misdemeano­ur that affected the “soul” of the child. Guardiansh­ip can be permanentl­y or temporaril­y removed if the guardian is sentenced to imprisonme­nt or subjects the child to excessive danger. The court may temporaril­y hand over guardiansh­ip to another family member under Article 181 of Federal Law No 28 of 2005, or a specialise­d social organisati­on.

Can a guardian visit the child any time they want? Contact with a child postdivorc­e is called visitation. The guardian is entitled to visit the child regularly. The custodian, usually the mother, 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 apply to court to allow him to visit. Staying in contact would only be permitted when the child is more than 2 years old. Visitation can also be decided through the settlement agreement registered with court. This binds both parties to the agreement and should any party breach it, a complaint can be filed with the court.

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