A father’s lawsuit to revoke his divorced woman’s custody of his daughter was rejected

The Abu Dhabi Court of First Instance rejected a lawsuit filed by a person against his divorced woman, demanding that she lose custody of his daughter and add her to him, and drop all expenses imposed on her, as he claimed that she had married another man, without providing evidence of the validity of his claim.

The plaintiff said that he married the defendant and had a daughter with her in the marital bed. Then the divorce took place and she was awarded custody, according to a previous ruling in a personal status lawsuit, and obliged him to pay alimony. He learned that the defendant was married to a foreigner, so he filed his lawsuit, supporting this with documents, including an issued certificate. From the Family Guidance Department to refer the dispute to the court after reconciliation between the two parties is not possible.

In turn, the defendant’s defense, lawyer Ali Al-Abadi, said, “The plaintiff filed his lawsuit without proving anything that would require dropping custody of his client, demanding that the lawsuit be rejected.”

In turn, the court affirmed in the merits of its ruling that “custody is a manifestation of Islamic legislation’s care for childhood, so that the child is guaranteed physical, health, and moral education in the most complete and sound manner. A person, during his childhood, is in dire need of someone who takes care of him, who takes care of him, preserves and educates him, and does everything he needs.” In his life, his livelihood, and taking care of his interests, the parents are the people closest to him, the most compassionate towards him, and the best of them in taking care of his interests, and they are responsible for him before the Creator, the Almighty, and then before society, in which man is considered the most important and most important thing. The man is a shepherd of his family and is responsible for his flock, and the woman is a shepherd in a house. Her husband and she is responsible for her flock, and they are the first school in which childhood begins, grows and develops.”

She explained that the wise legislator made the issue of custody in the early stage of childhood one of the affairs of women, because the child in that stage of his life needs their care, and they are kinder to him and guided to their good care, until when he reaches an age where he no longer needs their help, he assigns his supervision to men. After passing that stage of childhood, they are more capable of protecting him, preserving him, and establishing his interests than women. A mother, in the first stage of childhood, is more compassionate and gentle with her newborn and more patient with enduring hardships for the sake of his custody than others.

She pointed out that the Personal Status Law, in Article (142), defined custody as the preservation, upbringing, and care of the child in a manner that does not conflict with the guardian’s right to guardianship over oneself, and the law had stipulated in Articles (143-144) conditions for the custodian, which are: reason, maturity, security, and ability. The child in custody must be raised, maintained, cared for, and protected from infectious and dangerous diseases. He must not have been previously convicted of a crime against honor. If the custodian is a woman, in addition to the above, it is required that she be free from a foreign husband to the child with whom he has intercourse.

Article (146) of the law stipulates that the right to custody of the child is arranged according to kinship to him, starting with the mother, as it stipulates that “the right to custody of the child is established for the mother and then for female mahrams.” Article (1156) stipulates that women’s custody ends when the male reaches 11 years old and the female reaches 13 years old. Unless the court decides to extend this age for the benefit of the child in custody, until the male reaches puberty or the female marries.

The court indicated that what is proven is that the papers did not contain anything that supports the plaintiff’s request to drop custody of the defendant and anything that slanders that, and his inability to prove what requires dropping custody, so the court rules to reject the case and obligate the plaintiff to pay the expenses and attorney’s fees, in accordance with Article (1332-1). From the Civil Procedure Code.

• The plaintiff claimed that his divorced woman married another man and demanded that all expenses imposed on her be dropped.