In order to determine the age of children
“Personal Status” adopts the lunar calculation in custody disputes
Youssef Al-Sharif: “The right to claim custody exists if he claims it during the first six months of his entitlement to custody of them.”
picture
The legal advisor, Dr. Youssef Al-Sharif, confirmed that the Personal Status Law adopts the lunar (Hijri) calculation, not the Gregorian, in custody disputes between divorced people, when determining the age of children to transfer their custody from their mother to their father, as the father’s right to claim this custody during The first six months after the male reaches 11 lunar years, and the girl 13 lunar years.
Al-Sharif reviewed, during a video episode, broadcast by "Emirates Today" on its social media platforms, to shed light on the new articles in the Personal Status Law, the story of a wife, who is quarreling with her divorced over custody of the children.
The reader says that she "married a person and gave birth to a son (11 years) and a girl (13 years), and she divorced him five years ago, and took custody of his two sons, their expenses, housing and schools, and she allowed their father to see them every period."
She adds that when her ex-husband finally demanded an increase in alimony, he threatened that if she filed a case to demand the increase, he would file a lawsuit to abolish the custody of the children and join them to him for reaching the age of 11 for a male and 13 for a girl.
The reader asks about the legal situation, in the event that her divorcee files a lawsuit to annex custody, bearing in mind that the girl was born on April 16, 2009, and the boy was born on the fifth of October 2010.
Al-Sharif said that the absolute right of the female reader would exist if he demanded it during the first six months of his entitlement to custody of them, which means until the age of the male reaches 11.6 years, and the girl reaches 13.6 years, but the thing that he missed is that the approved in calculating the periods mentioned in the Personal Status Law is the lunar calculation.
Al-Sharif referred to the text of Article (3) of the Personal Status Law, which mentioned “the lunar calculation – meaning the Hijri calendar – is approved for the periods mentioned in this law, unless otherwise stipulated.”
And he explained, “This is the child of the reader in the Gregorian account today. If we assume the date April 20, 2022, he will be exactly 11 years, four months and 15 days old, Gregorian, and in the lunar calendar he will be 11 years, 10 months and 19 days, and therefore the divorced woman missed the right to demand his inclusion in him for this reason.” .
Al-Sharif continued: “As for the girl, her age, if we assume today’s date, April 20, 2022, then her age will be 12 years, 11 months and four days, AD, and in the lunar year 13 years, four months and 25 days, which is what can claim custody of her before she reaches the age of 13.6 lunar years. ».
Follow our latest local and sports news and the latest political and economic developments via Google news