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