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Child custody under Domestic Violence

Laws pertaining to custody is governed by Sharia Law and the court considers the welfare of the child when getting custody of a child. UAE laws have enforced Child Protection Centers to protect the child from mental and physical damage caused in domestic violence cases. Divorce under domestic violence is not only a matter of partners in dispute but also involves the abuse of a child.

Read More: Things You Need to Know About Expat Divorce in UAE

 The Welfare principle

Domestic violence is the use of physical force unlawfully applied with an intent to harm your spouse or child. Domestic violence also involves mental harm caused to the partner. And in such cases, the court will consider the benefit of the child while granting custody.

UAE have separate laws for children who have faced abuse from the parents. The Court grants custody to the parent with whom the child is safe and can live a healthy life.

Types of violence under child custody:

  • Using physical force with an intent to harm spouse or child.
  • Verbally abusing a child and causing mental harm to the child
  • Not providing any financial assistance to the child.

Find more info – What You Need to Know About Divorce in the UAE?

Impact of Domestic Violence in Custody Cases

In custody matters, the court determines the welfare of the child. Factors that have a direct bearing of domestic violence are as follows:

  • Ability and willingness of each parent to maintain a positive relationship with the child.
  • Any contact or communication between the parents which can result in harm of child or parent.
  • Previous abuse which had any impact on the child.

If the court finds any evidence of domestic abuse, and if such abuse is harmful to the children, the judge will then issue an order that divides the parenting rights in a way that protects the children and the abused parent.

Read more – Divorce Leading to Child Custody cases under UAE law

Child Protection Centers

Child protection centres are set up to undertake the role of developing and implementing processes that aim to provide safety, security and protection of the child from an abusive environment. If a child is in immediate danger or at risk of serious harm, you may contact the Child Protection Centre.

It is mandatory for everyone connected to the child, be it a teacher, doctor, family friend or neighbour, to report any signs of child abuse.

Child Custody Lawyers

HHS lawyers in Dubai, Abu Dhabi, Sharjah UAE  child custody attorney have proven experience in filling for custody cases and also can child custody advise you on the matters related to domestic violence. If you are looking for family lawyers in Dubai contact us now for further consultation.

M. Al Khairy, LL.B. is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Al Khairy also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators. Read more