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My pregnant wife wants a divorce and has left the UAE – she won’t talk to me, what can I do? Q

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

My wife and I are Muslims who married in Dubai six months ago. Recently, we had an argument and she moved out of our house while I was at work. She is pregnant with our first child but she now wants a divorce. I do not want to get divorced. She will not answer my calls and after she moved out, I went to the police.

I have since been told by immigratio­n authoritie­s that she has left the UAE. What can I do now? A

You may file for an “obeying lawsuit” to bring her back to your family home. But such a case cannot be enforced in the UAE. The UAE Personal Status Law (Federal law No 28 of 2005) allows you to file for divorce even if your spouse’s whereabout­s is unknown as long as your domicile is within the country. You should also try to prove paternity of your child when it is born. This will allow you to impose a travel ban on your child should your wife return to the UAE. You can also ask the court to demand your wife hand over your child’s passport.

My husband and I were recently divorced in the UAE. We have two children and a court decided to give me custody over them, but to make my former husband their guardian. I have been offered a job in another country and want to move there with our children. When I shared my plans with their father, he told me that I am not allowed to leave the country with our children without his consent. I cannot leave the children with him because he travels a lot for work, often weeks at a time, and is unable to take care of them. How can I take our children with me and avoid breaking the law?

It is impossible to go on holiday or move abroad with your children without their father’s consent. It is recommende­d to persuade their father and obtain such consent in an amicable way rather than starting any procedures against him because this might lead to you losing your rights as a custodian. UAE Personal Status Law states that a custodian could lose their rights should they relocate and make it difficult for the children’s guardian to visit them.

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