Supreme Court grants woman visitation rights to her children

ABU DHABI // A woman has won the right to see her daughters every week, despite her ex-husband requesting the custody battle take place under the laws of his home country.

After losing custody of her two daughters the mother filed a lawsuit in Ajman Personal Affairs Court to see them every weekend, from Thursday afternoons until Saturday afternoons.

The First Instance Court ruled in her favour, and her ex-husband appealed.

The Appeals Court rejected his case and upheld the First Instance verdict. But he referred the case for cassation at the Supreme Court, arguing that the lower courts ignored his requests to apply the laws of his own country in the case.

Both the mother and father are Palestinian. However, northern Palestine applies Jordanian law in these cases.

UAE law entitles non-Emirati couples to apply the law of the husband’s home country in personal affairs cases, but only if requested.

Despite the Cassation Court accepting the argument, they ruled that both Emirati and Jordanian laws agree that a mother who has lost custody has the right to see her children at least once a week.

Just as Sharia says a woman has the right to see her parents at least once a week, the same applies to the children because they are also direct relatives.

Unless the weekly visit contradicts with the children’s welfare, rulings are made accordingly.

“The welfare of the child comes before the welfare of the parents,” the court said.

The court granted the mother a weekly time to see her daughters, but they have to sleep at their father’s house as he retains custody.