UAE legal Q&As: Low-lying air duct in mall car park damaged my car

Child custody matters and an unforgiving boss are also tackled this week.

Q: I was reversing into a mall parking place when I heard a screeching sound. I got out to find that the air duct/ventilation system was so low that it had scratched and dented a section of my Nissan Patrol. It had cleared the clearance height of the mall as it is not in any way modified. I would like to know who is liable for the damage. If the car cleared the clearance height at the entrance then every parking space should be the same height, or, if not, there should be a sign indicating a low space, which it did not have. I was going to call the police but the mall was pretty full and it would have been hard for the police to come through all that traffic. I would also like to know if it is possible to go back to the same parking on a not so busy day and inform the police?

A: If there was not a sign at the parking space highlighting the low ceiling then the mall is responsible. And, yes, you can go to the exact place again and call police, provided you tell the exact date and time of the incident. This will help police when it comes to filing their report.

Q: I have a daughter from a former marriage and, since her birth, my ex has never supported us or seen her. So now my current husband, with whom I live in the UAE, wants to sponsor both of us but my ex has not agreed to give his consent. Is it possible to get a residence visa by court order or without the biological father's consent?

A: You should file a case against your ex-husband to gain full custody of your daughter from him, or, if you already have custody, you can apply to the residency department to get her a residency visa, provided your current husband can provide all the documents required in the visa process.

Q: I work at a small coffee shop in Ras Al Khaimah and my employer took Dh4,000 from me for my visa. I have worked 12 hours a day for almost 14 months with no rest. I even have to go into work when I'm sick, so I feel like I want to complain to the Ministry of Labour when I get my money back. But that's the problem: how do I get my money back? We agreed that the boss would give me the money back after three months but it has now been eight months and he has not given me the money. What is the best way to get this situation?

A: First of all, you should have a receipt from him that confirms that he took the Dh4,000 from you. If you have this you can then file a case at the labour office to get him to refund the money. You are also able to claim for working overtime, which you should do if you have been working longer than contracted hours.

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