Will my daughter get custody of children if she divorces her violent and abusive husband?
Q I am writing on behalf of my daughter who has been married for four years. Recently, my son-in-law has become aggressive, abusive and violent. We learnt a year ago that he had hit her and he continues to threaten her with physical harm by throwing household items at her. Our efforts to bring his parents into resolving the matter were in vain. She has been living with me for the past three months and is afraid to move back in with him. My daughter wants a divorce but will she get custody of her children?
AThe husband’s acts are considered as crimes in the UAE and constitute valid grounds for divorce. If there is a mark on your daughter’s body, which suggests that her husband has beaten her, she may file a criminal complaint against him and visit a hospital to get a medical report to be used as evidence in the divorce case.
Another way to strengthen her case is to have a witness who is willing to testify – such as a friend or colleague who are informed about her situation. Article 156 of the UAE Personal Status Law provides that
women are natural custodians for children where the boy is under 11 years old and the girl is under 13. Given the aspect of domestic violence and the child’s best interest, the court may reject husband’s custody claim.
My husband has fathered a child out of wedlock with another woman. He would like to take the baby from the woman after its birth as the woman is unfit to be a mother. Is this possible?
A sexual relationship between an unmarried couple is a crime in the UAE. The fact that a child was born out of wedlock is evidence of a prohibited physical relationship between your husband and another woman and therefore, the child will be considered illegitimate. Your husband and the other woman may be subject to imprisonment for up to one year followed by deportation.
My friend lives in the UAE but national records in her home country show that she was married twice but there is no document to prove divorce. Could she be deported or face a lifetime ban in the UAE?
We understand that there is no judgment of a crime against her in her home country. Accordingly, the home country has also not submitted any extradition request to the UAE to extradite her. The UAE Criminal Courts does not decide on criminal acts as far as those acts were not committed in the UAE – as per Article 1 of the UAE Penal Code.