The Personal Status Law grants the custodial grandmother the right to file a maintenance case for her grandchildren

Youssef Al-Sharif: “The grandmother can file a case against the father of the children, if he fails to pay alimony and meet their living requirements.”

The legal advisor, Dr. Youssef Al-Sharif, confirmed that the grandmother with custody of the children has the right to file a case against their father, in the event of his failure to pay alimony and meet their living requirements, noting that the Personal Status Law singled out the court in whose jurisdiction a domicile, place of residence, or The place of work of the plaintiff or the defendant, or the marital home, in consideration of the lawsuits filed by the custodian, in the matter of expenses.

This came within the episodes presented by Al-Sharif, on the platforms of "Emirates Today" on social media, to shed light on the Personal Status Law, as he presented the story of an (Arab) grandmother, incubating two grandchildren, after her daughter's divorce and her marriage to another, and she wants to file a case against their father to pay Alimony and school expenses.

The questioner said that she is “55 years old, and has resided in the country for 30 years, and she has a 35-year-old daughter,” noting that her daughter got married 12 years ago to an (Arab) person, and their lives were stable and they had two daughters.

She added that there were many disputes recently, between her daughter and her husband, due to his financial difficulty, the accumulation of debts, and his imprisonment for financial issues, where he spent three years, which prompted her daughter to work, to be able to spend on her two daughters.

And she added that her daughter's husband was released from prison, but his behavior towards her daughter did not change, as disputes broke out between them again, and he was forcing her to give him from her salary, until matters reached their climax in their relations, which ended with her daughter asking for a divorce from him, but he refused, which forced her to establish A case, to be finally divorced, and obtained custody of the two girls because of their young age.

The questioner indicated that there was an (Arab) person who proposed to her daughter, married her, provided her with a house, and did not object to the two daughters living with them in the same house, but her daughter’s divorced threatened her with dropping custody of the two daughters from her because of her marriage to a foreigner, if she did not meet his requests and gave him a large sum of money To be able to set up a project.

She pointed out that her daughter's husband asked her to find a solution to her problems with her divorcee, especially since he frequently visits their house, so she convinced her daughter to be the incubator for the two daughters, and her divorced agreed to that, in exchange for a sum of money, and indeed it was agreed that the grandmother would be the incubator However, the problems of her daughter's ex-husband did not end, as he repeatedly asked for money and blackmailed her, threatening custody of the two daughters, even though he had already obtained a job, and his financial situation had improved.

She asks, does she have the right to file an alimony case for the two daughters against the father?

What are the procedures for raising it and where, especially since it can no longer bear the expenses of the two girls and their schools, and their father refuses to spend on them.

Dr. Youssef Al-Sharif confirmed that the grandmother who has custody of the two girls can file a case against the father, in her capacity as the custodian of the two girls, in the court where she is located, or in the emirate in which the defendant resides, who is the father, or in the emirate in which his workplace is located.

He pointed out that Clause (2/a, b) of Article (9) of the UAE Personal Status Law stipulates that the court in whose jurisdiction the domicile, place of residence, workplace of the plaintiff or defendant, or marital home is located, shall have jurisdiction to hear cases Raised by the children, the wife, the parents, or the custodian, as the case may be, in matters of expenses, wages, the like, custody, vision, and issues related to them.

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