The Dubai Personal Status Court, headed by Judge Faraj Musa Al-Qalawi, was fair to an Asian woman who had been deprived of her son for more than a year and four months, after his father defrauded her and took him for allegedly spending a vacation with him in Dubai, then prevented him from returning and sent her a message saying: “I will burn your heart” on him".
The court ruled in attendance to prove the custody of the plaintiff for the nine-year-old child, to cancel the travel ban issued against him from Dubai, to compel the father to hand the mother the child's passport, and hand it to her in their country or in the Emirates if the mother is present, give her full guardianship over him, and obligate the father to pay the expenses.
The court stated in the reasons for the ruling that the legislator made the matter of custody in childhood a matter for women, because the child at this stage needs to be cared for, because it is attached to him and more patient in bearing hardships, stressing that the mother deserves people to custody of her young son because this is the law of instinct that breaks the fast God people are upon her.
Dubai’s Personal Status Court resolved the mother’s legal dispute, after the case went through three previous stages of litigation, the first in a court of first instance that ruled lack jurisdiction to consider it, then an appeals court that upheld the same ruling, until it reached the Court of Cassation, which canceled the previous two rulings, The case was sent back to the Personal Status Court.
According to the case papers, the two spouses formally separated in their country two years ago, and the child was present with his mother, until the father (45 years) asked to take the child on vacation to Dubai, and then cut off contacts with his divorced woman, since December 2018.
The Dubai Court Authority viewed a copy of a pledge the father had signed in his country that he would return the child again, but upon his arrival in the Emirates he sent a free text message to his wife telling him that he would burn his heart on the child and would not see him again, and issued a decision to prevent his travel so as to ensure this.
The court heard assurances from the mother’s agent that she had been systematically violated by her husband, who had consistently neglected his child and failed to meet his needs during their marriage.
- The court ruled to establish custody of the mother of the child, and to cancel the travel ban against him.