She demanded that the parents stop the conflict and cooperate in raising their children

Personal status refuses to drop custody of a mother for her 5 children

The Personal Status Court in Ras Al Khaimah rejected a lawsuit filed by a Gulf father to revoke the custody of his ex-wife for their five children, due to the mother's right to care for her children, demanding the parties to the case to stop the conflict between them, and to cooperate in raising their children and making them good.

The father filed a lawsuit, in which he demanded to drop the custody of his ex-wife for his two daughters, because they had reached the legal custody age of the plaintiff, and he also demanded to drop the custody of the rest of his children, due to his lack of trust in them, and her failure to implement a prior judgment of vision issued by the execution court.

He explained that his ex-wife did not care for his two daughters while they reached the legal age, and did not bother studying them, which prompted him to file a complaint with the specialized educational authorities to discuss their psychological and educational status, in addition to one of his daughters attempting suicide, because she was constantly reprimanded by her mother, according to the psychological and social report.

He added that he demanded that all children be included in his custody, because his ex-wife did not pursue them educationally, in addition to her lack of trust in their health, as she moved them to another emirate in light of the spread of the Corona virus.

He pointed out that his ex-wife prevented the children from contacting and communicating with him through social media programs, which affected their psychological state, in addition to that she insulted his person in front of their children, and the plaintiff's attorney submitted a memorandum to the court, in which he stated that the defendant's prevention of the young girl from seeing his client led to Bad mental condition, according to a medical report, and he demanded a full judgment of his requests, based on the reports submitted by him against the defendant.

The defendant's lawyer, Hanan Al-Bayadh, confirmed that her client was a social worker, and she submitted her resignation to take care of her children, especially that she had a child suffering from a health condition, and she remained in contact with a center specialized in treating him, demanding that the case be rejected, and a verdict to prove custody of her client for her children.

The report of the Technical Committee for Custody Affairs stated that the children in custody tend to stay with their mother, despite their love for their father, and the committee considers unanimously the absolute right to custody, as a result of good treatment and the development of their psychological state for the better, and the committee also believes that the siblings should not be separated from each other.

The court said that the interest requires, according to the custom, the presence of the child in the custody of his mother, and Islamic law places the mother at the forefront of those who have the right to custody of the child, and took into account in arranging the custody of the mother's kinship, in response to the natural instinct realized in the mother and her kinship.

She indicated that the plaintiff’s request to drop the defendant’s custody of all young children, and to include them in him, the court ended up rejecting it, because young children are still at the age of women’s custody, and that the court reassured the report of the Technical Committee for Custody Affairs, which showed the children's love for their father, and their tendency to stay with their mother, Therefore, the court concludes from it that the defendant fulfills the conditions of custody, and the plaintiff has not submitted any document that defeats her as not being eligible for custody.

She added that it is in the interest of the young to stay with their mother, as they need care, service and education, and she is more entitled to custody of people.

The court called on the two parties to stop the conflict between them, and to cooperate in order to educate the young and make them good and able to serve themselves and their country, and accordingly, the current lawsuit has come out of no basis from reality and law, and deserves to be rejected.

The court first decided to accept the interlocutor request in form, and in the matter to reject it, and obligated the plaintiff to pay the expenses and attorneys' fees, and also ruled on the subject matter of the original lawsuit to reject it, and to oblige the plaintiff to pay the fees and attorney fees.

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