By virtue of a court order a father transfers his children from private schools to government

The Federal Supreme Court upheld the right of a father to transfer his three children from private schools to another government, after filing a lawsuit demanding his divorcee to hand over their official papers for transfer procedures.

The court affirmed that the guardian of the soul is entrusted with taking care of the minor, supervising his affairs, preserving, raising, disciplining, directing his life and preparing his life well, and he may determine the place where he receives education, whether public or private schools as he sees fit.

In detail, a father of three filed a lawsuit seeking his right to transfer his children from private schools to the public schools he identified and close to their home, and to receive their official papers for the transfer procedures.

The Court of First Instance dismissed the case and was upheld by the Court of Appeal.

The father did not accept this verdict and challenged it by cassation, explaining that «the ruling erred in the application of the law and the provisions of Islamic law glue by rejecting his request, a guardian of self-right to transfer his three children from private schools to public schools determined by and close to their residence, and to receive their official papers for the transfer procedures , Which proved the evidence wasted by the ruling ».

The Federal Supreme Court upheld the appeal, explaining that it is prescribed in the provisions of Islamic law that custody is a manifestation of the care of Islamic legislation in childhood, as the human being in his childhood desperately needs to be cared for and prepared for life, and custody is the preservation of the child, education and care, but it must not conflict With the right of the guardian in the state on self.

She pointed out that the text in the custody section stated that «to do what is required to take care of everything related to the person of the custodian - what falls under the mandate on the self - duty on the father of the custodian, and then on other guardians on the self, even if the incubator, so as not to conflict The right of custody with the right of guardianship ».

If the incubator and the custodian differ in matters other than his service, it is the order of the guardian, as directed to a craft, or a certain kind of education, or removed from bad comrades and corrupt citizen so as not to conflict between the custodian and the guardian over the self, when each exercise the duty dictated by the right of custody It is still in custody age, and it is prescribed both by law and law that custody, although related to the three rights: the right of the father, the right of the incubator, the right of custody, but the right of custodians first to consider and assess the interest of the custodian is a matter of fact The court of unsupervised subject matter in that when its verdict Based on justifiable reasons sufficient to carry and not wasted the evidence presented in the lawsuit.

It is also decided in this court that the father or other guardians must look into his affairs, discipline, direct and educate him, and that the guardian of the soul is entrusted with taking care of the person of the minor and supervising all matters, preserving, raising, disciplining, directing his life and preparing him properly. Education, whether public or private schools and as deemed by the investigator Salah al-Mahdoun and within the framework of the provisions of Islamic law glue, law and custom in the United Arab Emirates, and under the supervision of the judge of the general mandate with the right of the guardian in determining the schools of his choice Net government or private, as long as it is in the interest of the custodians.

The Court noted that the appeal judgment did not take into account all this and the right of the guardian of self to determine the place where the custodians receive education, whether public or private schools and as the investigator sees Salah al-Mahdoun, with the right to determine the schools of boys and to receive their papers from the absolute, If the judgment does not discern this, he may have misunderstood the reality and the assessment of the evidence with inadequate causation, which led to the violation of the law and must be overturned while addressing.