جدول المحتويات
- What is educational jurisdiction?
- Who has the right to educational authority?
- How to claim educational guardianship
- Who is responsible for the state’s educational expenses?
- When does a mother’s right to educational guardianship of the child end?
- Execution of the judge’s order
- Is it possible to appeal the decision issued regarding educational guardianship?
introduction
The UAE Personal Status Law has undergone substantial amendments aimed at improving child welfare and ensuring their best interests are served. Among the most important of these amendments are those related to educational guardianship .
Although the legislator was clear in the recent amendment that educational guardianship belongs to the custodial mother unless she loses custody , there are many questions about this, especially regarding educational expenses and the costs of educational guardianship.
Therefore, in this blog, we provide you with a comprehensive explanation of all the details related to the right of educational guardianship in Emirati law in light of the recent amendment to the Personal Status Law.
What is educational jurisdiction?
Educational guardianship is the right to make decisions regarding the education of the child under guardianship before reaching the legal age of majority , while custody is the responsibility for the daily care of the child; custody is generally granted to the mother, while educational guardianship may be subject to dispute depending on the child’s best interests.
Educational guardianship includes aspects related to the child’s educational affairs, such as:
- Choosing schools.
- Representing the child and managing his educational affairs.
- Providing transportation for children if the school is far from their place of residence.
- Documents required to register children in schools.
هل تحتاج إلى محامي؟
خبراء دبي القانونيون بين يديك.
Who has the right to educational authority?
- The father has the right to educational guardianship in the absence of disputes between the spouses, as he is responsible for looking after the affairs of the child in his custody, disciplining, teaching and guiding him.
- If there are disagreements, the educational guardianship is for the custodial mother, in a manner that achieves the best interests of the child, as stated in Article (148) of the UAE Personal Status Law.
- If the interests of the child require it, educational guardianship can be granted to the father by referring the matter to the judge of urgent matters, where the judge relies on certain criteria to assess the interests of the child, such as the educational environment, financial ability, and psychological stability of the child, etc.; and the judge then issues an order on petition regarding who has educational guardianship over the child.
- The right of educational guardianship is not limited to the father and mother only, but women other than the mother who are guardians, such as aunts or grandmothers, may submit a request for educational guardianship in accordance with the interest of the child to the judge of urgent matters, who in turn issues an order on the petition regarding who has educational guardianship over the child.
How to claim educational guardianship
In case of disagreement over what is in the best interest of the child in custody, the matter may be referred to the judge of urgent matters, who in turn issues a decision by order on a petition to transfer educational guardianship from the custodial mother to the father or other person who is proven to have guardianship over the child in custody.
The claim for educational guardianship is classified as an order on petition, and therefore it is not a lawsuit, but rather a request submitted by any interested party when either of them feels that there is an emergency situation that requires the intervention of the court, as is the case with the claim for educational guardianship.
That is, for example, if the father finds that the mother is not doing what is appropriate in disciplining, teaching and guiding the child in his custody, he can submit a request to the family court to place an order on a petition.
The petition form is filled out according to the information contained therein, as follows:
- Personal information and contact information for both the plaintiff and the defendant.
- The applicant’s place of residence and place of work.
- If the applicant does not have a domicile in the country, he must designate an chosen domicile.
- Request for an urgent order regarding educational guardianship over the child in custody.
- The petitioner must specify his requests to the court.
- Explain the facts of the claim he submitted.
- Submitting the documents that support his application.
Who is responsible for the state’s educational expenses?
The responsibility for educational expenses falls on the father, regardless of whether custody is with the mother or someone else. Therefore, the choice of any entity related to education is made by the father, in a manner that suits his financial and social situation, but without being arbitrary in this matter.
If the school is far from the children’s residence, for example, the father is obligated to provide transportation for them to and from the school. Also, the father can submit proposals to schools whose costs are commensurate with his financial ability.
When does a mother’s right to educational guardianship of the child end?
As long as the children are of the age of custody as defined by the Personal Status Law, educational guardianship remains with the mother, as long as she does so in accordance with what achieves the best interests of the children.
But when the children reach the age at which the mother’s custody ends, educational guardianship is transferred to the father, unless the court deems it in the best interest of the child to retain both educational guardianship and custody with the mother, in which case the period may be extended.
When does the court rule on the claim for educational guardianship?
The judge of urgent matters in the Family Court or the head of the department shall issue his order in writing on one of the two copies of the petition no later than the day after it is submitted, without being obliged to explain the reasons that prompted him to issue the order, except if the decision issued by him is contrary to a previous order, in which case he must state the reasons that necessitated issuing the new order, otherwise it shall be invalid.
Execution of the judge’s order
After the competent judge of urgent matters issues his order, the decision issued by him is recorded in a special record or in the session record, and the decision is implemented by a letter issued to the concerned party, and the petition is kept in the case file.
If the order issued by the judge of urgent matters is not implemented within (30) days from the date of its issuance, this leads to the decision being dropped. However, the dropping of the decision does not prevent the issuance of a new order to claim educational guardianship again.
هل تحتاج إلى محامي؟
خبراء دبي القانونيون بين يديك.
Is it possible to appeal the decision issued regarding educational guardianship?
If the applicant’s request for educational guardianship is rejected, he may appeal the order to the competent court or the judge who issued the order, as the case may be, unless the law stipulates otherwise. The existence of the original lawsuit before the court does not prevent the appeal from being considered.
In order for an appeal submitted by the applicant to be accepted, the appeal must be justified and must be submitted independently or in conjunction with the original claim, in accordance with the procedures by which incidental claims are filed.
The competent judge then rules on the submitted grievance, either by upholding the order, amending it, or canceling it. This ruling is subject to appeal through ordinary appeal procedures.
conclusion
This concludes our blog post. We hope this article has provided a comprehensive explanation of educational guardianship in the UAE. If you face any legal challenges or have further questions, our legal team at HHS Legal Services can assist you in making the right decisions for your children. Contact us today to benefit from our legal services.
Research and Publication Department.
HHS Lawyers LLC.
United Arab Emirates.
For service inquiries:
WhatsApp (text only): +971521782469
Email: [email protected]
Sources and references:Law No. (52) of 2023
