School fees spark “vicious disputes” between divorced people over the “education mandate”

Specialists and legal experts have confirmed that granting educational guardianship to the custodial mother, as part of the amendments to the Personal Status Law, is subject to controls and procedures, and does not mean that the custodial mother has absolute freedom to choose expensive schools that exceed the capabilities of the father, and the competent judge has the authority to resolve the dispute between divorced persons in the event of objection. The father decides what the mother decides regarding the education of her children. They warned against exploiting children in personal problems shared between spouses after divorce, many of which reach the courts, warning of their devastating psychological and social effects on the children of divorced persons. They pointed out that one of the most common disputes that occur between divorced people is the children’s school fees, as some divorced people exploit them for revenge and mutual intrigue, including the fact that some divorced women choose international foreign schools with exorbitant fees to burden the father, or the father’s stubbornness in transferring the children to free schools. Or refrain from giving the mother identification papers to register the children in schools, or choose schools far from the mother’s residence, with the aim of revenge. The courts witnessed several cases in which divorced persons disagreed over their children’s schools and the appropriateness of the fees paid to the father’s budget, which the courts decided by deciding what was in the best interest of the child in custody.

For his part, Professor of Sociology at the University of Sharjah, Dr. Ahmed Al-Amoush, said: “Some spouses enter into continuous mutual battles and disputes after the divorce occurs, and they reach the corridors of the courts, as each party tries to achieve gains at the expense of the other party, without regard to “The interest of the children, who are victims of these conflicts.” Al-Amoush added: “An example of these conflicts is the conflict over the quality of the school and the education that the children should receive. Each party has a point of view and believes that it is the correct one. The problem occurs as a result of the absence of mutual dialogue between divorced persons to implement appropriate solutions for the benefit of the children.”

He explained that the seriousness of these disputes between divorced people reflects negatively on the children’s behaviors and personalities in dealing with others, as their social upbringing is incomplete, and they may suffer from isolation and psychological problems, and this appears in the nature of their behaviors and personalities in dealing with others. He stressed the importance for each party of divorced persons to be aware of achieving the interests of their children apart from their personal goals, and to be rational in making a joint decision regarding their children’s education and academic future, and to provide a shared safe environment in which the children feel that there is a father and mother who are pursuing their interests despite separation and divorce.

balance

For his part, the legal advisor, Dr. Youssef Al-Sharif, said: The right of the custodial mother to make educational decisions is subject in the UAE to strict controls set by recent amendments to the Personal Status Law, with the aim of achieving a balance between the rights of parents and the best interest of the child.

He pointed out that the law gives the custodial mother the right to choose the school and make decisions related to the child’s education, provided that this is done within a framework that is commensurate with the father’s financial ability and family obligations. If the costs exceed the father’s capabilities, he has the right to object before the court.

Al-Sharif stated that when a dispute arises over choosing the type of school or the costs of education, the father can resort to the court if he considers that the decision constitutes a financial burden beyond his means, and the court in turn reviews the financial capacity of the two parties, giving priority to the best interest of the child, and based on this review, The court may decide to modify the mother’s decision and oblige her to choose a school that matches the father’s capabilities.

He stated that the courts witnessed, for example, several cases where mothers tried to enroll their children in expensive international schools, which burdened the fathers financially. In one of these cases, the father objected to the decision due to the high costs, and after the court looked into the case, it ruled in the father’s favor. , explaining that the costs are disproportionate to his income, and ordered the child to be transferred to another school with reasonable costs that meets his educational needs. Therefore, the courts seek to achieve a balance between the right of the custodial mother to make educational decisions and the father’s right to take into account his financial capabilities, while always preserving the interest of The child is a priority in all rulings issued.

He pointed out that, according to the amendment to Article (148) of the Personal Status Law, educational guardianship over the child in custody is according to the origin of the custodial mother, and in a way that achieves the interest of the child, meaning that custody must first be proven to the mother so that she has educational guardianship, and in the event of a dispute over what achieves the interest of the child in child custody. The matter is referred to the urgent matters judge to decide what is in the best interests of the child.

Children’s interest

For his part, lawyer Ali Khader Al-Abadi confirmed that the issue of children’s education is one of the common controversial issues that occurs between spouses after divorce, and reaches the courts for consideration, due to the blockage of channels of understanding between the divorced persons regarding what is in the interest of the children.

He pointed out that what is striking about these disputes is that most of them are malicious, through which each party aims to exhaust the other party. This includes the mother insisting on sending her children to private schools with high expenses, to burden the father financially, or the father insisting on putting his children into private schools. Schools close to his residential area and far from the babysitter’s residence, or refusing to provide the mother with certificates and official documents for the child to enroll him in education, or being stubborn in enrolling the children in schools and other places.

Al-Abadi pointed out the amendments to the Personal Status Law, especially the amendment to the text of Article (148), by adding Paragraph No. (4), which gives the mother “tuition guardianship” over the child in custody, provided that the interest of the child in custody is achieved, and in the event of a disagreement, the matter is referred to the urgent matters judge in accordance with the paragraph. Fifth.

He pointed out that the legislator was keen to give the mother educational guardianship of the children, on the basis that she is the most capable of caring for them, but there must be no exaggeration or misuse of this right, such as enrolling her children in schools whose school fees exceed the father’s financial ability.

He stressed that the law is always in the interest of the children in custody, and looks closely at achieving their interests in the first place. Therefore, every couple who has had a divorce or separation must reach an understanding regarding the issue of children’s education, and they must assess the circumstances and financial situation of the parents and the material obligations in choosing schools, especially since the state It has provided hundreds of free public schools, with high standards and international quality of education.