'Help! I want to gain custody of my kids from my abusive husband'

The custody of the child may be decided by the court, bearing in mind the best interests of the children

I am an Indian Muslim expat, divorced 10 years ago and the mother of two boys aged 15 and 13. I had given custody of my kids to their father on a verbal agreement that I can visit them as per my wish. During my last visit on June 22, my younger  son who was beaten up by his father insisted that I must take him back. However, my elder son continues to stay with my ex-husband.
I have been requesting for the necessary documents like Emirates ID, passport, school transfer certificate from his father, but there is hardly any response. I do not want any feud to affect the studies of my child, who is in Grade 8. Kindly advise on the legal options I have, as the child does not want to go back to his father.
It is understood that you are an Indian Muslim woman living in the UAE who has been divorced 10 years ago. You have two sons aged 15 and 13 years respectively. At the time of your divorce, you had voluntarily given verbal consent to your ex-husband to retain the custody of your children. During your last visit on June 22 this year, your younger son was beaten up by his father (your ex-husband) and came crying to you and insisted that he will stay with you.
Based on this, your younger son stays with you and your elder son continues to live with his father. You have been requesting for documents like Emirates ID, passport, school transfer certificate of your younger son from your ex-husband, which has been ignored by him. You are concerned that the conduct of your ex-husband may have an adverse impact on the education of your younger son.
Pursuant to your queries, in the event of divorce, the mother normally gets custody of her children until the age of 11 for a boy, and for a girl, until she attains puberty. The father should provide maintenance for the children, provision of food, shelter, clothing and financial needs related to their upbringing and education, until the children attain  the age of majority.
However, the custody of the child may be decided by the court, bearing in mind the best interests of the children, in case the parents are unable to resolve this issue amicably. This is in accordance with Article 146(6) of the Federal Law No. 28 of 2005 Concerning Personal Status in the UAE, which states: "The mother shall have the right of her children's custody in case of a dispute over the custody unless the judge decides otherwise for the child's interest." Since your sons are now teenagers, they can opt to stay with you but their father (your ex-husband) has to provide all financial assistance to them, which includes the cost of a good education.
Your ex-husband cannot harass or create any sort of hindrances, particularly related to their education. This is in accordance with Article 31 of the Federal Law No. 3 of 2016 concerning The Law of Children's Rights of the UAE (the 'Children rights Law'). It states: "Each child shall have the right of education and the state is working on achieving the equality of available opportunities among all children according to the applicable laws." Further, Article 32(1) of Children Rights Law states: "The state shall take the procedures at the field of education from preventing children from school dropout."
The UAE has given great emphasis to the rights and development of children and therefore have enacted a separate law for this purpose. The parents too cannot exploit, harass or stop children from availing education in the UAE. This is in accordance with Article 38 of the Children Rights Law, which states: "The following shall be prohibited:
1-Child's exploitation in begging;
2-Child's operation in violating conditions of the law.
3-Child's commission of a work, hindering education or harming his physical, psychological, moral or mental health."
Based on the aforementioned provisions of law, you may approach the 'Personal Status Court' in any emirate you reside in the UAE and file a complaint against your ex-husband, if you think he is hindering your son's education. Further, you may also approach the Community Development Authority (CDA) and the Human Rights Department of Dubai Police for their assistance.
Know the law
Article 146(6) of the Federal Law No. 28 of 2005 states:"The mother shall have the right of her children's custody in case of a dispute over the custody unless the judge decides otherwise for the child's interest."
I work as a business development manager for an event rental company (LLC) in Dubai. My original offer letter stated that my salary would be Dh12,000, after which I was told to go to India and that they would send me the visa for me to re-enter the UAE. While in India, they sent me the offer letter to sign, but it stated that my salary was Dh6,000.
When I told the company about the discrepancy, they told me - via e-mail and WhatsApp - that they would make the changes once I arrived in Dubai. I felt forced to sign the letter in order to obtain the visa. I've now been working for them since April 21, with no change in the salary.
Which letter stands valid in the eyes of the law if this needs to be contested? Can I legally compel the company to change it? Or is there anyway to bring this to the attention of the Ministry of Human Resources & Emiratisation me? I fear of termination  if I bring this to their attention.
It is understood that you are working as a business development manager for an event rental limited liability company in Dubai. Your original offer letter stated that your salary would be Dh12,000, after which you were informed to return back to India and then they would send you an employment visa to re-enter the UAE.
While you were in India, they sent you the Ministry of Human Resources & Emiratisation (the 'Ministry') letter to sign, but it stated your salary as Dh6,000. The discrepancy in the Ministry offer was informed to your employer and they replied to you through email and WhatsApp that they would make necessary changes once you come to Dubai. Further, you felt you were compelled to sign the said letter in order to obtain employment visa. You are now employed by the same employer since April 21, 2017, and there is no changes in your salary of Dh6,000.
Pursuant to your queries, we assume that the first offer letter for Dh12,000, issued to you by your employer was in the company letterhead. The second offer letter sent to you which mentioned your salary as Dh6,000 was in the the 'Ministry' format. Subsequently, we assume upon you signing the Ministry offer letter an employment visa (entry permit on employment) was issued by Ministry of Interior, which allowed you to enter the country and further we assume that you signed an employment contract once you joined employment, which has been submitted to the Ministry.
It is the responsibility of the employee to check the Ministry offer letter and Ministry Employment contract carefully, before signing that if the terms and conditions of employment are as stipulated. Since you have signed a contract with your employer for Dh6,000 approved by the Ministry, it is the valid contract. The offer letter of Dh12,000 does not hold good as it pre-dates the employer contract signed by you subsequently.
However, it is recommended that you approach the Ministry with the copies of your offer letter, Ministry offer letter, Ministry contract and the email/WhatsApp conversation between you and your employer for further advice You have to personally take up this matter, as you are the affected party.
You must do this
It is the responsibility of the employee to check the offer letter and employment contract carefully, before signing that if the terms and conditions of employment are as stipulated.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United King. 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, P.O Box 11243, Dubai.