Deleted user
posted 2 months ago
Custody
Hello, My name is Svitlana. I’m from Ukraine. My daughter is also Ukrainian and was born in Ukraine. We came to Dubai in April 2022. Donovan is her biological father. But I never put his name as a father on her birth certificate. So legally he is not her father. Legally I’m registered in Ukraine as single mother. We got married in Abu Dhabi civil court in August 2022. I would like to divorce him now. Can he file a case for joint custody? I would like to have a sole custody of my daughter. Can he somehow prove that he is her father legally and obtain custody? Because on documents legally he is not the father. He is originally from South Africa. He works here in Dubai. But he has a court case opened for him-he took a loan and never paid back. He gets aggressive easily, he physically abused me. I would like to know if the court will consider his application for paternity test and joint custody. We are not Muslims, both Christian.
Country
  • United Arab Emirates
Fields:
  • Family Law
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user15012522
Deleted user
Lawyer
posted 2 months ago
Dear Questioner, we have handled cases similar to yours and understand the complexity involved. Given the intricacies of your situation, we recommend a paid consultation for an hour. This will allow us to delve into the details and explain the various scenarios pertaining to personal status laws for non-Muslims in the UAE. Such insights will enable you to make informed decisions regarding separation and custody matters. We are fully prepared to offer expert guidance concerning the custody agreement, particularly in light of the complexities surrounding guardianship. Please don't hesitate to reach out to us via WhatsApp at +971507024908 or by phone for further assistance. Best regards, Ali Al Kasair
shain212
Deleted user
Lawyer
posted 2 months ago
Hello Svitlana , I hope you are doing well. and I Am sorry to hear about your predicament. Chapter two Article (12) of the marriage and civil divorce procedures in the emirate of Abu Dhabi reads: (it is sufficient for one of the spouses to express before the court his/her desire to separate and not continue the marital relationship without the need to justify that request or blame the other party or prove his/her wrong.) in other words you can file for divorce without the need to prove the other party's wrong doing. after filling the divorce application and paying the fees and making sure that it includes all the necessary documents the court will review it and if the application is approved the court will set a date to issue the divorce ruling at first hearing. The date of the hearing is appointed no less than 30 days after the date of approval. Regarding the custody question , both parents have equal rights of custody , and court will automatically decide on divorce ruling to establish joint custody of children equally between the father and the mother. you can object to joint custody if you can provide justifications eg: child at risk of being exposed to violence or abuse, behavioral or mental problems the other party suffers from or inadequate living conditions etc. On the matter of paternity test , a declaration of parentage is enough , but the court have the power to order a DNA test on certain occasions. Finally I hope this will be helpful to you. Kind Regards, Mohamed Shain.