The case of “Wadima” and her sister “Mira”, in addition to the crime of a divorced mother leaving her five children for about 10 months in the care of her two maids, and her almost complete absence from them during this period, sparked a legal controversy over the conditions of custody, as lawyer Ibrahim Al-Tamimi called for enacting a law requiring the mother to retain the right to Custody in all circumstances and circumstances, as long as nothing is proven that confirms that she is not qualified to raise her children, while the researcher and family counselor Widad Lootah confirmed that this call ignores what he may be exposed to. A person freed from harassment at the hands of his stepfather.
In detail, lawyer Ibrahim Al-Tamimi called for amendments to the Personal Status Law, currently in effect regarding child custody, so that the mother is given the right to retain custody of her children even if she marries another person, or if the children reach the legal age to drop custody, stressing that “this measure would eliminate “It covers 90% of the social problems that children face after divorce.”
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A custodian of bad character does not insure the child in custody — Article (156) of the Personal Status Law stipulates in its first paragraph that “Women’s legal status expires when the male reaches eleven years of age, and the female’s thirteen years of age, unless the court deems it necessary to extend this age for the benefit of the child in custody until the male reaches the age of maturity and the female marries.” The judiciary of the Federal Supreme Court established that custody is related to three rights, which are the father’s right, the right of custody, and the right of the child in custody. If these three rights come together and can be reconciled, they are all established. However, if there is a conflict, then the right of the child in custody takes precedence over the right of others, because the scope of custody is for the benefit of the child, so when it is achieved, it must be given to him without regard to the right of the father or the right of the custodian. — The third paragraph of Article (143) of the Personal Status Law stipulates that “trust is required of the custodian,” which means, according to what was stated in the explanatory memorandum to this law, that “he who does not have trust, how can he be trusted with the interests of the child in custody himself, his body, his morals, his character, and his religion?” Whoever has a bad conduct such that he does not believe in the morals of the child in custody, then he is not eligible for custody, as the child imitates those who accompany him and follows his example, and he If immorality leads to harm to the child’s interests, then it is removed from him, since custody takes into account the rights of the child before the rights of the custodian.” The best interest of the child determines the custodian The Federal Supreme Court recently upheld the return of custody of a 13-year-old girl to her mother, after she dropped it in favor of the father. It ruled to confirm custody for the mother and extend it until the child marries, stating that “the little girl is at an age where she cannot do without her mother’s custody, and nothing has been proven in the papers challenging this mother’s suitability to carry out the duty of custody.” In another case, the Federal Supreme Court revoked the custody of four daughters from their father in light of what was proven to it that he was a drinker and untrustworthy in their upbringing, stating that “the father has lost his trustworthiness and is not fit to assume custody of the children in custody, on the basis that the interest of the child in custody is given priority by law.” To take into account the custodian’s right to custody, even if this leads to the child in custody remaining with the mother after the end of the custody age, in implementation of the provisions of Article (156) of the Civil Status Law. Personality. Law of vision The Ministry of Justice issued Ministerial Resolution No. (1150) of 2010 regarding the regulations regulating the vision of those in custody, which included (25) articles about the person who is assigned custody of the child, or the person under his custody, and regulating the vision. The decision stipulates that “the judge shall decide to see the following beneficiaries: one of the parents, in the event of their separation or disagreement while the marriage is still in effect, and the departure of one of the spouses from the marital home due to the dispute, and the incestuous relatives of the child in custody, if one of the parents in child custody is dead, absent, or the child in custody resides with them.” Other than his parents, and that the vision be in a suitable place, it will spread tranquility in the soul of the child in custody, and both the custodian and the one who is ruled to see the child must hand over the child in case “Decent.” The decision stipulates: “The judgment issued by the vision shall be enforced if the person in whose possession the child is under custody refuses to implement it. If the parties do not adhere to the executive document, the matter shall be referred to the competent judge to decide what he deems appropriate. If the failure of the custodian or the recipient of the judgment to implement the vision is repeated, this shall be recorded in the execution report, and shall be stated.” It contains the number of times in which failure to implement the vision was repeated, or violation of the agreement by either of them, or delay in its deadlines, with a statement of the violating party, and if the violation was on the part of The custodian considers this a violation of the condition of trust, which is taken into account when requesting to drop custody. If the violation was on the part of the person in custody, the judge may prevent him from seeing him for a specific period, and in any case the judge shall take into account the interest of the child in custody. |
He pointed out the importance of keeping custody of children with their mother, unless it is proven that she has a bad reputation and is negligent in raising and caring for them, stressing that the mother, by nature, will take care of her children better than the stepmother, calling for a return to what the Maliki school of thought issued in a fatwa regarding keeping custody of children with their mother. After her separation from their father, because this serves the interests of the child in custody.
As for the researcher and family counselor, Widad Lootah, she stressed the necessity of accelerating the establishment of a special association concerned with following up on children’s affairs after divorce, to determine the extent of the custodian’s eligibility to provide social, psychological, and livelihood care for them, so that this association includes specialists and psychological and social consultants, to provide the assistance that children who suffer from They fall victim to domestic violence as a result of divorce, and provide nursery homes for children who face social problems with their families during the custody period.
She stressed the importance of giving this association, and subsequently the Community Development Authority, broad powers to conduct inspection visits to the homes of children in foster care to ensure that they are providing appropriate health, psychological, and living care for them, in addition to the role of this association in educating the foster parent on how to care for children in the post-divorce stage, including Their upbringing ensures proper socialization and they are good members of society.
Lootah believed that parents who are proven to be negligent in caring for their children, whether during the continuation of the marital relationship or after divorce, do not deserve custody of them, noting that responsibility for the crime of the child “Wadeema” and her sister is borne by the father, mother, and grandparents, in addition to the officials in the two children’s school and the educational district, wondering. “How can a child be absent for three months and none of the mother, school, or educational district take the initiative to ask about the reason for her disappearance for such a period?”
Care required
Lootah monitored some cases of divorced mothers who neglected raising their children, as they left their children all day with the maid who played the role of acting mother, and some of them left their children with the grandmother or grandfather, when they were in dire need of someone to follow up on their affairs, noting that it is not possible It is decided that the mother must have custody in all cases, and the decision is subject to the interests of the child in custody in the first place.
Lawyer Ibrahim Al-Tamimi agreed with Lootah on the importance of establishing an institution or association specialized in child affairs after his father’s separation, so that it is a supervisory body that supervises and verifies the extent to which this child receives the required care, and that it acts as his guardian until he reaches maturity, and that it has powers to summon the custodian and investigate. With him, and refer him to trial if it is proven that he assaulted his child while he was in his custody, considering that this would guarantee the rights of the child and reduce crimes of assault against him in the post-divorce stage.
Lootah confirmed that the articles of the Personal Status Law regarding regulating child custody issued in 2005 do not need amendments or additions, as they are characterized by flexibility and renewal. The law has set the age for mother’s custody of a male child up to 11 years, and 13 years for a female, noting that the law He set clear conditions for the custodian’s eligibility, including good character, behavior and reputation. If it is proven that the father uses drugs or alcohol or is behaviorally deviant, he is not entitled to He maintains custody of the child, even if he exceeds the legal age. He also stipulates that custody of the child may be dropped from the mother if she marries another man, or when the child reaches the legal age, unless the judge deems otherwise.
Complete care
Lootah pointed out that some people’s demand that the mother retain custody of her children in the event of her marriage to a foreigner is a misplaced proposition, and includes ignoring previous evidence confirming that children, both male and female, have been subjected to cases of harassment by stepfathers. There are also cases in which the mother’s behavioral deviation was proven after the divorce, which led the legislator to revoke custody from the mother if this happened. On the other hand, Lootah adds, the law allows the father, in the event of his marriage to another woman, to retain custody of the children, provided that he is qualified to do so and provides them with full care, noting that children in adolescence mainly need their father’s follow-up and supervision over them. .
The Federal Supreme Court affirmed, in several rulings it issued in previous times, that “a custodian of bad conduct is not eligible for custody, and does not guarantee the care of his children, as the child imitates those who accompany him and follows his example,” indicating that “the interest of the child in custody is given priority, according to Sharia law, over taking into account the right of the custodian.” In custody, even if this leads to the child in custody remaining with the mother after the end of the custody age.”
She pointed out that she carefully examines the custody case papers, targeting the interest of the child, in order to ascertain with insight the extent to which the conditions and guarantees are met by the custodian, as what matters to her is achieving the interest of the child, and providing the appropriate environment for his upbringing, whether that is with the mother or the father, and she decides that In some cases, custody of the child is not removed from his mother when he reaches 13 years of age, in order to do so in his best interest, as it is important to raise him among his siblings.
A human tragedy
Dubai Police intervened to rescue five children between the ages of two and a half and 10 years. Their mother (a female citizen), who had custody of them after her divorce from the father, left them in a house alone for about 10 months with two maids without her care. The Director of the General Department of Human Rights, Colonel Dr. Muhammad Al-Murr, told Emirates Al-Youm that the five children, three boys and two girls, are living a human tragedy by all standards, pointing out that their mother concerned with their care was visiting the house secretly and asking the maid to keep them inside a room while… Her quick visits home so they wouldn’t see her. The Department of Women and Child Protection in the General Administration of Human Rights transferred the children to the father’s home temporarily, until custody rights were reconsidered, and obligated him to care for them. A specialized team is responsible for following up on the children’s condition, especially in light of the reluctance of family members on both sides to live with them.
The mother justified her behavior with contradictory and illogical statements, according to the Director of the Department of Women and Child Protection, Major Ishaq Muhammad, who indicated that she claimed to be suffering from financial problems that hindered her care for the children, without providing a convincing reason for abandoning them in this way.
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