Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
My parents and I are Asian Muslims who moved to the UAE 10 years ago. Recently, my parents have been arguing a lot and have decided to divorce. I am a high school pupil and would like my mother to be my guardian as she has more time to take care of me. My father does not have a problem with my mother being my custodian but he disagrees with the idea of her being my guardian. Can I choose my mother to be my guardian despite my father’s wishes? Do I have the right to choose who will be my guardian?
According to article No. 181 of the UAE Personal Status Law No. 28 of 2005 guardianship shall be granted to the father, not to the mother.
The cannot be granted guardianship even if the father agrees. If the court decides to take guardianship away from the father, it must be granted to another male person in the family. In your case, this could be your grandfather or, if he is unavailable, one of your uncles.
Based on your case, your father does not want to relinquish guardianship and the court does not have the right to take it away from him either. In any possible outcome, however, your mother will not be granted guardianship of you.
My husband and I are residents of the UAE and we have two children. I have been living with my husband in his family home but he has had a lot of financial cases filed against him. He was arrested and jailed a long time ago and his lawyers say he will not be released for another few years. I filed for divorce and custody of our children and moved out of his family home. I need to get my children’s documents (Emirates ID, true copies of their passports and insurance cards) from my husband’s family. But they refuse to give them to me, despite my husband being in prison. What would you suggest I do?
You have the right to file a legal case to get these documents handed over to you. If the case is won, you will need to proceed to the execution department of the court to get the judgment carried out and you will be able to receive the documents.
If you have a question for our legal consultant, email media@professionallawyer.me with the subject line "Family Matters".
SPECS
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DIVINE%20INTERVENTOIN
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The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
Company Profile
Name: Thndr
Started: 2019
Co-founders: Ahmad Hammouda and Seif Amr
Sector: FinTech
Headquarters: Egypt
UAE base: Hub71, Abu Dhabi
Current number of staff: More than 150
Funds raised: $22 million
3%20Body%20Problem
%3Cp%3E%3Cstrong%3ECreators%3A%3C%2Fstrong%3E%20David%20Benioff%2C%20D%20B%20Weiss%2C%20Alexander%20Woo%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStarring%3A%20%3C%2Fstrong%3EBenedict%20Wong%2C%20Jess%20Hong%2C%20Jovan%20Adepo%2C%20Eiza%20Gonzalez%2C%20John%20Bradley%2C%20Alex%20Sharp%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%203%2F5%3C%2Fp%3E%0A
Profile of MoneyFellows
Founder: Ahmed Wadi
Launched: 2016
Employees: 76
Financing stage: Series A ($4 million)
Investors: Partech, Sawari Ventures, 500 Startups, Dubai Angel Investors, Phoenician Fund
RIVER%20SPIRIT
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Killing of Qassem Suleimani
What the law says
Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.
“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.
“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”
If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.
The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.