A recently formed committee has been helping Dubai judges make the right decisions when awarding custody of children to parents who are embroiled in legal battles. Photo: Chris Whiteoak / The National
A recently formed committee has been helping Dubai judges make the right decisions when awarding custody of children to parents who are embroiled in legal battles. Photo: Chris Whiteoak / The National
A recently formed committee has been helping Dubai judges make the right decisions when awarding custody of children to parents who are embroiled in legal battles. Photo: Chris Whiteoak / The National
A recently formed committee has been helping Dubai judges make the right decisions when awarding custody of children to parents who are embroiled in legal battles. Photo: Chris Whiteoak / The National

New Dubai committee changes how courts award child custody


Salam Al Amir
  • English
  • Arabic

A new committee has been helping Dubai judges make decisions in child custody cases.

The six-member team was formed in April after a decision by Sheikh Maktoum bin Mohammed, Deputy Ruler of Dubai.

It provides Dubai Court of Personal Status with detailed reports to help protect children.

All details surrounding the social, financial and family circumstances of both parents are checked through field visits done by committee members
Khalid Al Hosani,
Dubai Court of Personal Status

“Before this committee was formed, judges issued their rulings based on documents presented to them,” said Khalid Al Hosani, chief justice for Dubai Court of Personal Status.

“But now it's different because all details surrounding the social, financial and family circumstances of both parents are checked through field visits done by committee members.”

A recent case saw a father request custody of his son because his ex-wife had remarried.

The committee was drafted in to prepare a report on both parents.

“After making assessments and conducting visits, it was discovered the father, although a good man with no criminal record, was very overwhelmed by his [new] marriages, his other children and his job,” Mr Al Hosani said.

The report on the mother said she was doing a good job of raising their son.

“She was taking very good care of the child and following up on his studies and helping him excel in school,” said Mr Al Hosani.

With help from the committee, it was decided the child would not receive the same upbringing his mother was providing if he lived with his father. As such, custody was awarded to the mother.

“This reflects the important role of the committee in helping judges make decisions with complete confidence that the child will be in safe hands,” Mr Al Hosani said.

Members of the committee are two Dubai Courts employees and two from the Community Development Authority in the emirate, one of whom must be from the child protection unit.

Two other members are from the Dubai Police children’s protection section.

As part of their duties they prepare a detailed report covering the social, mental, criminal and health status of the person requesting custody.

“Their responsibilities include making on-site visits to ensure the custodian or the guardian is fit to take care of the child,” Mr Al Hosani said.

In another case, the committee helped reverse an initial Dubai Court ruling denying a mother custody of her daughter, 9.

“The mother was the custodian but the court’s initial ruling ordered that the father become the child’s legal guardian,” said Mr Al Hosani.

The father filed his case and won after proving his ex-wife was a convicted thief.

“The father argued it was not safe to leave the child in the mother’s care because she was convicted of stealing cash and gold from him.”

He demanded his wife be denied custody and pay all the legal fees.

He also asked that she hand over the child's personal documents including her passport and birth certificate.

When the verdict was appealed, the case was referred to the committee, who visited both parents.

Further investigation revealed the father had not seen his daughter for over a year and lived in a one-bedroom apartment with his sister.

Based on these findings, the ruling was overturned and custody awarded to the mother.

'Worse than a prison sentence'

Marie Byrne, a counsellor who volunteers at the UAE government's mental health crisis helpline, said the ordeal the crew had been through would take time to overcome.

“It was worse than a prison sentence, where at least someone can deal with a set amount of time incarcerated," she said.

“They were living in perpetual mystery as to how their futures would pan out, and what that would be.

“Because of coronavirus, the world is very different now to the one they left, that will also have an impact.

“It will not fully register until they are on dry land. Some have not seen their young children grow up while others will have to rebuild relationships.

“It will be a challenge mentally, and to find other work to support their families as they have been out of circulation for so long. Hopefully they will get the care they need when they get home.”

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The National Archives, Abu Dhabi

Founded over 50 years ago, the National Archives collects valuable historical material relating to the UAE, and is the oldest and richest archive relating to the Arabian Gulf.

Much of the material can be viewed on line at the Arabian Gulf Digital Archive - https://www.agda.ae/en

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Tips from the expert

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Results

4.30pm Jebel Jais – Maiden (PA) Dh60,000 (Turf) 1,000m; Winner: MM Al Balqaa, Bernardo Pinheiro (jockey), Qaiss Aboud (trainer)

5pm: Jabel Faya – Maiden (PA) Dh60,000 (T) 1,000m; Winner: AF Rasam, Tadhg O’Shea, Ernst Oertel

5.30pm: Al Wathba Stallions Cup – Handicap (PA) Dh70,000 (T) 2,200m; Winner: AF Mukhrej, Tadhg O’Shea, Ernst Oertel

6pm: The President’s Cup Prep – Conditions (PA) Dh100,000 (T) 2,200m; Winner: Mujeeb, Richard Mullen, Salem Al Ketbi

6.30pm: Abu Dhabi Equestrian Club – Prestige (PA) Dh125,000 (T) 1,600m; Winner: Jawal Al Reef, Antonio Fresu, Abubakar Daud

7pm: Al Ruwais – Group 3 (PA) Dh300,000 (T) 1,200m; Winner: Ashton Tourettes, Pat Dobbs, Ibrahim Aseel

7.30pm: Jebel Hafeet – Maiden (TB) Dh80,000 (T) 1,400m; Winner: Nibraas, Richard Mullen, Nicholas Bachalard

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Milestones on the road to union

1970

October 26: Bahrain withdraws from a proposal to create a federation of nine with the seven Trucial States and Qatar. 

December: Ahmed Al Suwaidi visits New York to discuss potential UN membership.

1971

March 1:  Alex Douglas Hume, Conservative foreign secretary confirms that Britain will leave the Gulf and “strongly supports” the creation of a Union of Arab Emirates.

July 12: Historic meeting at which Sheikh Zayed and Sheikh Rashid make a binding agreement to create what will become the UAE.

July 18: It is announced that the UAE will be formed from six emirates, with a proposed constitution signed. RAK is not yet part of the agreement.

August 6:  The fifth anniversary of Sheikh Zayed becoming Ruler of Abu Dhabi, with official celebrations deferred until later in the year.

August 15: Bahrain becomes independent.

September 3: Qatar becomes independent.

November 23-25: Meeting with Sheikh Zayed and Sheikh Rashid and senior British officials to fix December 2 as date of creation of the UAE.

November 29:  At 5.30pm Iranian forces seize the Greater and Lesser Tunbs by force.

November 30: Despite  a power sharing agreement, Tehran takes full control of Abu Musa. 

November 31: UK officials visit all six participating Emirates to formally end the Trucial States treaties

December 2: 11am, Dubai. New Supreme Council formally elects Sheikh Zayed as President. Treaty of Friendship signed with the UK. 11.30am. Flag raising ceremony at Union House and Al Manhal Palace in Abu Dhabi witnessed by Sheikh Khalifa, then Crown Prince of Abu Dhabi.

December 6: Arab League formally admits the UAE. The first British Ambassador presents his credentials to Sheikh Zayed.

December 9: UAE joins the United Nations.

THE BIO

Favourite place to go to in the UAE: The desert sand dunes, just after some rain

Who inspires you: Anybody with new and smart ideas, challenging questions, an open mind and a positive attitude

Where would you like to retire: Most probably in my home country, Hungary, but with frequent returns to the UAE

Favorite book: A book by Transilvanian author, Albert Wass, entitled ‘Sword and Reap’ (Kard es Kasza) - not really known internationally

Favourite subjects in school: Mathematics and science

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Updated: September 16, 2022, 4:00 AM