She lost her husband in a car accident

A widow asks to drop her father-in-law's guardianship over her children

• Youssef Al Sharif: “The widow has the right to file a case against the grandfather before the UAE courts.”

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An (Arab) widow reported that there had been disputes with her father-in-law, after her husband died, as a result of a traffic accident, as the grandfather had taken custody of her children, left the state, and took possession of the blood money they had obtained from the insurance company, wondering about the legal procedures that she must follow to recover her children. and their financial rights.

This came within episodes presented by Legal Counsel, Dr. Youssef Al Sharif, through the "Emirates Today" platforms on social media, to shed light on the Personal Status Law, and legal awareness of the new materials in it.

The questioner said that she “came to the state 20 years ago to reside and work as a sales representative in the real estate field,” noting that “through her work, I met an (Arab) person from another country, married him, and bore him three children (12, 9 and 6 years old). All of them study in private schools in the state.

She added, "Her husband died in a traffic accident a year ago, and his father became the guardian of the children, because of their young age, and he resides in his country, and is married to a young woman," noting that when her husband died, and his father came with his wife, I thought they came to live with them, He took care of his grandchildren, but she was surprised that he took his share and her children's share of the blood money that the insurance company spent, gave it to his wife, took the children and took them back to his country.

She asks whether she has the right to file a case against the grandfather in the state, to obtain guardianship over her children, and to demand his rights for them?

As well as filing a case against the insurance company, on the basis that the amount of blood money is much less than the damage incurred to her, and also a third case against the company in which her husband was working, to obtain her husband’s rights that have not been spent so far?

For his part, Dr. Youssef Al-Sharif confirmed that the questioner has the right to file a case against the grandfather before the UAE courts, asking him to have guardianship over her young children, because the guardianship of the grandfather is over the self, and as long as he is not trustworthy over them and their rights, you have the right to guardianship over their money, and she has The right to custody of them, and the questioner also has the capacity to file claims for other rights, whether against the insurance company or her husband’s work.

He indicated that the questioner can file a case against the grandfather before the judicial department in the emirate in which she resides, given that it is the last place of residence for the minors, and if the court considers that the minors no longer have residence in the state, because they moved with the grandfather outside the country, the court itself is competent, as it is the home of And the place of residence of the questioner, in accordance with Clause (4) of Article (9) of the UAE Personal Status Law, which states that:Local jurisdiction in matters of guardianship is determined in matters of guardianship by the domicile or residence of the guardian or minor, and in matters of guardianship by the last domicile or residence of the deceased or minor, and in matters of interdiction, with the domicile or residence of the person to be interdicted, and in matters of backbiting with the last domicile or residence or A place of work for the absentee, and if none of those mentioned in the previous paragraphs has a domicile or place of residence in the state, the jurisdiction falls to the court in whose circuit the student’s home or place of residence is located, or to the court in whose circuit the money of the person to be protected is located, and to the court that issued a judgment of confinement or It ordered the confiscation of guardianship or its cessation of guardianship to refer the case to the court in whose district the domicile or place of residence of the minor is located, to appoint a guardian or custodian to supervise him, if the domicile or place of residence of the minor or interdicted changes.

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