A father has been fined for taking his child out of the UAE while the mother was designated to have custody.
The ruling represents the first time anyone has been fined in a custody case by Abu Dhabi Civil Family Court, which opened in December 2021.
The child's father, from France, received a fine of Dh30,000 ($8,168) for breaching the custody agreement.
“The Abu Dhabi Civil Family Court has handed down a landmark judgment in which the father of a young child who breached custody conditions has been fined,” said Ali Zakaria, senior associate with law firm Al Tamimi & Company, who represented the mother in the case.
“This groundbreaking ruling underscores the critical importance of parents adhering to court-ordered custody arrangements, thereby putting the child’s best interests, security and stability above all else.
“It further demonstrates the Abu Dhabi Civil Family Court’s commitment to providing easy and efficient access to justice for expat parents living in the UAE that, more often than not, cannot have such custody issues resolved by their home country courts as the family continues to live in the UAE.”
Landmark ruling
The terms of the initial agreement, involving the estranged couple, said that the mother, from Belgium, would have the child for the first two weeks of each month, with the father having custody for the last two, with holidays evenly divided.
However, disputes emerged during the execution of the agreement with the mother filing a case with the court claiming the father breached the custody ruling by taking the child abroad during her custody period.
She claimed he obstructed communication between her and the child, engaged the child in risky activities, and caused school absences.
The mother requested to amend custody to a weekly schedule, ensure daily communication between the child and her during the father’s custody, and allow the child to spend birthdays with her.
The father admitted to the travel but claimed it fell within his custody period.
He asserted that the child excelled academically and was not impeded from communicating with the mother.
He also alleged that the child's mother physically assaulted him and falsely accused him of kidnapping, of which he was acquitted.
The court dismissed the request to amend custody, affirming the current arrangement was in the child's best interest.
It also rejected a request to hand over the child’s passport, maintaining the father's guardianship rights.
The court charged the father Dh30,000 for travelling without the mother’s consent during her custody period.
The mother was ordered to pay legal fees and expenses.
The decision is based on Law No. 14 of 2021 concerning civil marriage and joint custody in Abu Dhabi. The law grants equal legal rights for men and women, joint custody and the expediting of divorce procedures.
New law in action
Madeleine A Mendy, partner and head of the family law department at Bin Sevan Advocates and Legal Consultants, said: “This is the kind of result we want to see.”
“It is important for parties to understand that they cannot unilaterally, whether the father or not, decide to go on holiday outside of the country, without seeking permission of the other parent,” she said.
“The fine is hefty but it sends a strong message to parents that they must respect not only the country but the other parent when it comes to taking the child out of the country.”
The Civil Family Court opened in December 2021 as part of key legislation aimed to better support residents in the emirate.
Under the law, spouses have the right to divorce without needing to prove harm was done in the marriage and joint and equal custody of children is automatically granted to parents after divorce.
“The court has shown that failure to comply with custody orders can have serious consequences, both legally and emotionally, causing distress and confusion to both the affected parent and the child involved,” said Dipali Maldonado, head of private client services with Al Tamimi & Company.
“This substantial fine acts as a powerful deterrent and paves the way for responsible parenting, always keeping the child’s best interests at the fore.
“We are pleased to see that once again justice has been served by the Abu Dhabi Civil Family Court for the benefit of our client and for those that follow.”
