It prepares a detailed report on the social, psychological, health and criminal status of the nursery student
The “Incubation Committee” in Dubai Courts resolves complex family disputes
“Personal Status” does its utmost for the best interests of the child.
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Judge Khaled Al Hosani: "The state legislated these laws and took initiatives to ensure the best possible care for children."
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The head of the Personal Status Court in Dubai Courts, Judge Khaled Yahya Al Hosani, said that the dispute over custody and vision in family disputes is the most complex in light of its association with children, and their direct impact on the child’s condition, psyche and future, stressing that the legislative system is integrated and solid, but the defect remains in the absence of Awareness of some parents in managing family disputes and their insistence on stubbornness, arrogance and desire to harm the other, even if it is at the expense of the children.
He stressed that the "incubation committee", which was formed pursuant to Resolution No. 7 of 2022 issued by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance and Chairman of the Judicial Council, has begun to play an active role in resolving one of the most common family disputes. Complicated, which is the dispute over “custody of children” and ensuring that they receive care from the person worthy of them.
In detail, Al-Hosani told «Emirates Today» that the incubation committee consists of representatives of the courts, others from the Community Development Authority, and two Dubai police concerned with child protection, and it is preparing a detailed report on the social, psychological, health and criminal status of the person requesting custody, or the one to be judged. The court has the right to do so, and ensure his eligibility through field visits and other procedures for this purpose.
He explained that the Personal Status Court is doing its utmost to achieve justice in this aspect, and to ensure the interests of the child, but it was possible that one of the parties would fail to prove his entitlement to custody, for one reason or another, and accordingly the judge previously ruled according to the evidence available to him. Evidence, but in light of the formation of the incubation committee, the matter became different, as all details are checked through field visits to the nursery student and to identify his family, social and economic conditions, and even check his criminal record.
He revealed that one of the important issues that the committee played a role in resolving is a dispute over custody between a divorced mother and a father who invoked her marriage to a foreigner after her divorce to request custody of their child.
Through the study of the social situation, it was found that the father was unquestionable in terms of moral and criminal terms, except that he was preoccupied with his marriages and children from his other wives, in addition to his work, and the mother was dedicated to taking care of the young child, supervising him and following up his affairs in school, which made him excel academically, as well as in terms of education and morality, and thus concluded that the contested child cannot receive the same attention from the father as his mother.
He pointed out that in such cases, the importance of the role of the committee, which helps the judge in making his decision and has complete confidence that the child is in safe hands, is important.
Al-Hosani explained that the dispute over custody and vision in family disputes is the most complex in light of its association with children, and their direct impact on the condition and psyche of the child and his future, stressing that the legislative system is integrated and solid, but the imbalance remains on both sides of the conflict and their insistence on harming the other or evading expenses even if it is It is at the expense of the children.
He added that the Personal Status Law in its entirety is clear and prioritizes the interests of the child over the interests of all, but the matter is discretionary and each party considers itself the best fit to embrace the child, and any result reached by the court will not satisfy all parties, especially since each of them pulls the child towards him.
He stressed that the incubation committee, which was established based on the Wadeema Law and its executive regulations, reflects the leadership's keenness on the stability of the family and achieving the interests of children as they are the future of the state.
According to Resolution No. 7 of 2022 issued by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the incubation committee consists of two representatives from Dubai Courts, one of whom is the head of the committee and the other is his deputy, appointed by the Director of Courts, and two from the Community Development Authority, one from the Child Protection Unit. They are appointed by its Director General, and representatives from Dubai Police concerned with child protection appointed by the Commander-in-Chief of Dubai Police, in addition to appointing a Dubai Courts employee as a rapporteur for the committee.
The Custody Committee is tasked with preparing a detailed report on the social, psychological, health and criminal status of the person requesting custody, or for whom the court will rule on this, and ensuring his eligibility, through field visits allocated for this purpose.
In addition, Al-Hosani said that in the event that the parents are not present and none of the parents applies for custody of the child, he is placed in the state-provided care home.
On the legal position if the parents do not have sufficient authority to obtain custody of the child, Al Hosani explained that the presence of the child with his parents or one of them is undoubtedly better for him than anywhere else, but in some cases the withdrawal of custody requires them to protect the child.
He added that there are few cases in which the court issues a ruling to grant custody to one of the parents, such as the aunt, aunt or grandmother, because the parents are bad and not suitable for custody.
Al-Hosani stressed that the state has legislated these laws and taken initiatives to ensure the best possible care for children, protect them from the effects of family disputes, and there is a responsibility and a moral duty on parents towards their children, noting that separation is not the end, as they are adults who can complete their lives in one way or another, but their excess In hostility and trying to extract children or inciting a grudge in their souls towards the father or the mother, it leaves scars in their psyche that are difficult to treat later.
Majority decisions and recommendations
The Incubation Committee issues decisions and recommendations by a majority of the votes of its members present, and in the event of equal votes, the side of the Chairman shall prevail.
Issuance of a nursery viability report is based on specific procedures, which begin by assigning the committee to prepare a report on the suitability of the custodian. necessary for the child, and it is also ensured that the custody applicant, or the one to whom the custody court will rule, is free from any disease that poses a danger to the child whose custody is requested.
The decision requires attaching a certificate of good conduct and behavior for the nursery student, and he also signs the acknowledgment form approved by the committee, stating that he has not committed a crime outside the country.
He must also bring a certificate from the police station concerned with his area of residence at the time of submitting the custody application, stating that his record is free of any reports registered against him or any reports that ended with a pledge, warning, or preservation.
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