The Abu Dhabi Court of First Instance rejected a lawsuit filed by a father, demanding that his absolute custody of their daughter be dropped, as the case papers showed that there is a family agreement between the parents, in which the plaintiff recognizes the defendant’s right to custody.
In the details, a man filed a lawsuit, against his divorced woman, calling for her to drop her custody from their daughter, and to include her, claiming that his divorce neglected the child, and she became dishonest and unable to custody, noting that while she was pregnant with the child, she committed a traffic accident that damaged their daughter and caused her disability At 20%, submitting copies of rulings of her conviction, determining that his mother is fit to serve his daughter.
For his part, the mother’s defense, lawyer Ali Al-Abadi, said that his client admits that the traffic accident occurred and convicted her, but that despite this, the prosecutor agreed after her accident to her custody of the daughter, and he made a family agreement with her in which he recognized her right to custody, providing a copy of this agreement.
The case papers and the agreement issued by the Family Guidance Department in the court indicate that the child is in the custody of her mother, and that the child was born a few hours after the traffic accident caused by the defendant while she was pregnant, and that she was born before the date of her birth, where she received the necessary care, treatment and medical care And the father learned about these facts, and surpassed them, and concluded an agreement with his divorced woman to prove her right to custody.
She added that if there is a negligence from the divorced woman but it was during the marital relationship as the documents indicate, and that - that is, the defendant's negligence - occurred before the custody was established, and the previous negligence does not apply to the subsequent facts that occurred after the birth, in addition to this the family agreement Decision on the subject of custody. She stated that the role of the defendant in caring for her daughter after the accident she was exposed to was greater than the role of the claimant father, who according to the family agreement left his daughter to her for about a year and a half, and the father did not claim custody, according to Article 152/4 the conditions forfeiting his right In claiming custody, and the ruling on convicting the defendant is not delayed from that, as long as the plaintiff was aware of the facts since they occurred, and the case file does not include new facts that are valid as a reason for requesting the dismissal of the custody.