If the wife is not in the country
“Personal Status” grants a citizen the right to revoke custody of his foreign divorcee
Youssef Al-Sharif: A citizen can file a lawsuit to annex or prove custody of his children for the marriage of his ex-wife.
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Legal Adviser, Dr. Youssef Al-Sharif, confirmed that the Personal Status Law granted the citizen the right to file a lawsuit to drop the custody of his foreign divorcee, if she marries another, even if she resides outside the country.
Al-Sharif presented, in video episodes, broadcast by "Emirates Today" on its platforms, to shed light on the newly issued Personal Status Law, the story of a citizen who married an Arab woman, and traveled to her country after the divorce, accompanied by his daughter, and wants to file a lawsuit to drop custody after learning of her marriage to another.
The questioner said, “He is a 45-year-old citizen who has been married for several years and has children from his wife. At that time, the girl has custody of his divorced wife, on the condition that if she remarries, custody will return to him.”
He stated that "his divorcee traveled to her country with his daughter, and he finally learned that she had married a person of her nationality, working in Spain, and that she would travel to him and live with him there." The period, and asked her about the validity of what he had heard about her marriage, and she did not deny the matter, and agreed that the girl should be returned to him, but she asked to postpone the delivery until she was about to travel with her husband, but about a month ago, he learned that his divorced traveled with her husband and left the girl with her mother in her country.
The questioner continues, "He tried to communicate with his ex-wife's mother, but she did not respond to him, wondering what he should do? Is he able to file a lawsuit before the Emirati judiciary demanding that his ex-wife and her mother return his daughter to live with him, based on her care, education and upbringing in the midst of her brothers and her family, or that Should he travel to the country of his ex-wife, or the country to which she traveled with her new husband, to file a case against her there?”
For his part, Dr. Youssef Al-Sharif explained that the questioner can file a lawsuit to include or prove custody of his daughter for the marriage of his ex-wife, and for her breach of the condition agreed upon with him, and for leaving the girl in a foreign country and not being directly sponsored by her, and given that the girl is an Emirati citizen and therefore her interest is that she lives in her country and in the middle of her family so that he can exercise his natural and legal guardianship over her, and enroll her in state schools by virtue of her age.
He emphasized that the state courts are competent to adjudicate the questioner’s case under the text of Clause (5) 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, or A place of residence or workplace in the state, if the case is related to a personal status issue, and the plaintiff is a citizen.
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