The Personal Status Appeal Court in Ras Al-Khaimah rejected an appeal submitted by a Gulf father, against the decision of the execution judge to refuse to extend the hosting of his child of determination.
The Personal Status Court decided to divorce the mother and prove her custody of her children, as it was agreed between the two parties after the divorce that the father host one of the children, as he suffers from speech and language disorders, and needs to follow-up and treatment, and a report issued by the Ras Al Khaimah Center confirmed to the owners of determination that the child has a type From dispersion, and does not respond to the people around him except the father, and the report recommended that the father participate in the treatment program to follow the child from home, where it was agreed between the mother and father to remain the child with his father for a period of two months, ending on the first of last June, for the interest of the subject, on To refer to the execution judge to indicate whether or not the child is handed over to his mother.
The case papers added that the father submitted a request to the execution judge to remain the child until September 2021, in implementation of the medical will, and to follow the child’s case therapeutically, after the results showed an improvement in the child’s condition as a result of his care and stay with him, and the execution judge asked to provide a specialized report on whether it was an environment change Cuddles affect his condition or not, and indicate the specific period after which the child's environment can be changed.
The specialized medical report stated that the first report was written based on the statements of the father, and that after diagnosing the child’s condition it was found that he was improving, and that he was able to change his environment, and live with his mother and siblings, and the execution judge decided to reject the request to extend the child’s stay with his father after the end of the specified period What caused the father to file a grievance regarding the suspension of the execution judge’s decision, as the decision was issued to reject the grievance, based on the fact that the petitioner's request to extend the period of hosting his young son is outside the jurisdiction of the grievance judge.
The mother’s lawyer, Hanan Al-Bayed, asked the Court of Appeal to support the decision of the execution judge to reject the request for the period of the child’s hosting period until September 2021, and the court to postpone the implementation of the ruling regarding the child’s custody of his mother, and the duration of the previous agreement between the mother and father regarding the child’s stay with his father in order to care for him Medical and therapeutic, until the positive disappearance and the reason for hosting legally and legally, with the validity of seeing the child, due to the improvement of his condition as a result of his care by his father.
For its part, the mother submitted to the court a memorandum that includes her university degrees, her obtaining the certificate of the virtuous mother from one of the authorities, certificates that she had courses in dealing with people of determination, and a memorandum stating that the custody interest is with her, and demanded the implementation of the decision to hand her child to her.
After reviewing the papers of the case and deliberating the court, the court ruled that it is not permissible to appeal from the father, and to compel him to appeal the expenses, and judicial fees, and in return for the attorneys ’fees, on the basis that the cases in which the execution judge’s decision may be appealed directly before the competent appeals court, and the inadmissibility of the appeal, to be filed without One of the cases stipulated by the Civil Procedure Law.
• Father requested to extend the hosting period to September 2021 and the execution judge refused.