Law on children’s guardianship

Tarik Nassar represents Ja’afar Alwan, Al Jaziri & Associates Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to Khaleej Times, Dubai P.O Box 11243.

By Legal View By Tarik Nassar

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Published: Sun 30 Sep 2007, 9:03 AM

Last updated: Sun 5 Apr 2015, 5:14 AM

Q. I am from Egypt. I have worked as a teacher in Dubai for 10 years. Following a litigation, I reached a mutual divorce agreement with my wife, who also works as a teacher in Dubai. As per the settlement endorsed in court, my former wife was granted the guardianship of our two sons till the nursery stage. I also agreed to pay her a monthly maintenance for our sons. I had no problem seeing and following up my children since then. Now, I have to go back to my home country for good. Yet, my ex-wife insists on staying here, and refuses to return home. I will not be able to see my children as usual. What am I supposed to do?

A. First of all, it is important to ascertain that the provisions of guardianship are temporary and do vary apropos the conditions of the guardian, children and curator.

Should the guardianship seeker — the father herein — travel a distance of 122km, he would be entitled, under the rules of guardianship in Egypt, to take his children with him. He can as well ask the guardian — his former wife — to accompany him, failing which she shall be deprived of the children’s guardianship, and their father shall be given the responsibility.

As such, the questioner is advised to first ask his former wife to travel to Egypt, their homeland, if she wanted to continue the guardianship of the children. Should she refuse, the questioner would be entitled to move the Shariah court to seek annulment of her guardianship of children, and secure permission to take them home. Compiled by Ahmed Shaaban



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