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Legal view: File a complaint if ex-wife breaches divorce agreement terms
Dubai - Know your legal rights in the UAE
Question: I got married in 2014 in India and got divorced in October 2018 as per a mutual agreement. I agreed to pay Dh3,000 per month to my now three-year-old son. According to the terms we signed, I could visit my son once a week for an hour. My ex-wife and son went to India in August, but she came back to the UAE without him. Please advise how I can bring my son back to Dubai so I can at least visit him once a week.
Answer: Pursuant to your queries, we assume that you had obtained a mutual divorce from your ex-wife from the Personal Status Court of Dubai and the mutual agreement is duly attested by the court. We further assume that the said mutual agreement is an integral part of the mutual divorce judgement. Therefore, the provisions of Federal Law No. (28) of 2005 on Personal Status (the Personal Status Law of UAE) are applicable.
It should be noted that it is the responsibility of an individual who is the party to the Personal Status Court judgement to abide by the judgement and the terms and conditions which are mentioned in the agreement. Further, it may be noted that, even though your ex-wife has custody of your three-year-old son, usually in the UAE, the father is the guardian of their children. We assume that your son is residing in the UAE under your sponsorship.
You may request your ex-wife to bring your son back to the UAE as you have a mutual agreement acknowledged by the Personal Status Court which mentions that you are entitled for weekly visitation rights. In the event your ex-wife disagrees to bring your son back to the UAE, you may approach the Personal Status Court and file a complaint against your ex-wife for breaching the terms of the mutual divorce agreement.
Know the law
It should be noted that it is the responsibility of an individual who is the party to the Personal Status Court judgement to abide by the judgement and the terms and conditions which are mentioned in the agreement.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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