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