She confirmed that the nursery's interest is in her continuity with her mother

«Dubai Appeal» cancels a ruling to drop custody of a mother for her daughter

Before the ruling, the Dubai Appeal referred the case to the Incubation Committee.

archival

The Dubai Court of Appeal annulled a ruling by the Court of First Instance for Personal Status, to forfeit the custody of a mother for her daughter, annex her to her father and drop the child’s alimony.

The details of the family dispute began with the father filing a lawsuit against his divorced woman, demanding that her custody of their 9-year-old daughter be revoked, on the basis of saying that the defendant was his wife and gave birth to their child from him and obtained custody by virtue of a final court ruling, but she failed the trust clause, with the issuance of a criminal court ruling convicting her. In the case of theft of sums and gold bullion belonging to him, and accordingly, she is not qualified to continue custody.

And he demanded that she be obligated to hand over the little girl to complete her upbringing, prevent her from being exposed to him, and hand him all the supporting documents of the child in custody, including the passport, birth certificate, and everything related to the child, and oblige her to pay fees, expenses and attorney fees.

The court of first instance in presence decided to drop the defendant's custody of the girl, to include her with the plaintiff, drop the custody expenses and oblige the defendant to hand over the plaintiff all supporting documents.

The mother appealed the initial ruling, and her legal representative, lawyer Badr Abdullah Khamis, demanded the annulment of the initial ruling, as it was unfair to her rights, and was similar to shortcomings in causation. , and caused burns to her when he took her once.

The Court of Appeal referred the case to the Incubation Committee to prepare a comprehensive report on the residence of the mother and father, the suitability of the current environment in which the incubated woman lives, and her psychological and social condition.

After research, investigation and inference, the Incubation Committee concluded that the mother should continue custody of the child, as it is the most appropriate for this, and the fostered child’s need for her mother at this age.

In addition, the court offered conciliation to the two parties, but they refused, so it booked the case for judgment, and stated in the merits of its judgment that it is established in the report of the incubation committee delegated by the court that the environment in which she lives with her mother is suitable and meets all the needs, as well as her attachment to her mother and her inability to move away about her.

She pointed out that the report confirmed that the educational level of the incubated is excellent, as her mother follows her continuously and is keen to raise her level of achievement, while the appellant lives in an apartment consisting of a room and a hall with his sister, and the child is forced to sleep with her aunt, which she does not like.

The report recommended the continuation of custody of the child with her mother at this age, on the one hand, and on the other hand, it was proven that the father rarely saw his daughter for more than a year, which confirms the court’s certainty that the interests of the fostered child require her to continue with her mother.

The court confirmed that the judgment submitted by the respondent does not affect the final penal judgment submitted by the respondent to punish his ex-wife with three months imprisonment with suspension of execution and a fine in a lawsuit that stole sums and gold bars from him, since the incident was raised in the divorce, custody and child rights lawsuit previously between them, and the appellant did not request In that case, the custody is proven to him, which is a presumption that the child’s interest requires that she be in the custody of her mother, as well as the father’s inability to prove any harm, negligence or negligence suffered by the child from her mother, and accordingly the court ruled to cancel the initial ruling.

Follow our latest local and sports news and the latest political and economic developments via Google news