Legal: Guardianship of children may not be taken away from parents in the event of disability

Yusuf Al-Sharif: Guardianship is only for the father and the right grandfather, even if he is higher, and it is not for women.

The legal advisor, Dr. Youssef Al-Sharif, confirmed that guardianship over the child may not be taken away from the father in the event that he is incapacitated, as the guardianship is for the father and the right grandfather, and if he is higher, and not for women, while the mother can file a claim against himself for the minor who has a domicile or place of residence In the country, according to Article 4/6 of the Personal Status Law.

Al-Sharif presented, in a video episode broadcast by "Emirates Today", through its accounts on social media, to shed light on the new articles in the recently issued Personal Status Law, the story of an Arab wife cuddling a child, whose husband suffers from a 100% disability, and he is not currently residing in the country. and wishes to file a lawsuit to obtain custody of the child from her husband.

The questioner said, "She has lived in the UAE for 10 years, and works as a teacher in a school, and her husband was also a teacher, and they gave birth to a child who is currently six years old," adding that "her husband had a traffic accident four years ago, which resulted in a 100% disability, And he became paralyzed and unaware of his actions, and they filed a compensation claim, and obtained a sum of money, and then decided to send him to live with his parents in their country, to receive health care there, especially since the standard of living there is much cheaper than here, while she completed her teaching work, and accompanied her child in her custody. To take care of him and raise him.”

The questioner continues, “The problem she is facing is that many of the transactions that concern her child need the consent of his guardian, such as his admission to school and the renewal of his residence, in contrast to the issues that may arise regarding the child that require the guardian’s approval.”

She asks whether she can file a lawsuit before the Emirati judiciary against her husband, so that she is the guardian and responsible for her son’s affairs, and if this case is brought against her husband while he is already residing abroad, how can he attend the court while he is unaware of what is going on around him, and he has a brother who is currently residing in the country While the current guardian of her husband is his father.

Dr. Youssef Al-Sharif explained that the lawsuit that the questioner wants to file is to extract guardianship from the father, to have her as a mother, and this is not permissible, because guardianship is only for the father and the right grandfather, even if he is higher, and it is not for women.

He pointed out that the questioner’s husband is not residing in the UAE, so the child’s uncle residing in the country can take over the child’s affairs, after the grandfather waives the right of guardianship to him, or the latter files a case against the trustee of her husband in this UAE courts based on Clause No. (4) ) of Article (6) of the UAE Personal Status Law, which states: “The state’s courts are competent to hear cases related to personal status that are filed against a foreigner who has no domicile, place of residence, or workplace in the state, if the case is related to On one of the issues of guardianship over oneself.”

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