The mother has the right to keep identification papers for her custody children

The Court of Cassation, in a ruling issued recently, confirmed that the mother responsible for custody of her children may retain passports and all the identification papers that concern her custody children, in order to facilitate her to end any measures related to the official authorities, and the court refused to stab a citizen against a ruling that required to hand over the identity cards of his children The mother’s custodians, and he obliged him to extract a passport for his smallest sons.

The mother had filed a lawsuit against her ex -husband at Al Ain Elementary Court on May 28, in which she required amending the date of the father’s vision of her children who are in her custody, extracting a passport for one of them, identity cards for all his children, and the essence of the family restriction.

She explained in her claim that she is divorced by the defendant, and she has six children who are four females and two children, who are between three years and 16 years old, and all of them are under her custody, and she said that the defendant visits them three times a week, which affects their academic achievement, demanding a reduction The number of times they saw, and they need their identity cards and the passport of her younger child.

The Court of First Instance ruled to compel the defendant to extract the passport and identity cards, and to hand over the plaintiff a true copy of the family registration summary, and refused to amend the times of the vision of the custody to present it prematurely, and obligated both parties to the expenses, so the father appealed the ruling and the Court of Appeal ruled to support the appealed judgment and the expenses, which led him to The appeal against the ruling through the Court of Cassation, and the contested against it submitted a memorandum that requested at the end of it to refuse to appeal, and the Public Prosecution submitted a memorandum in which it delegated the opinion to the court.

The father said in his appeal that the contested ruling made a mistake in implementing the law, as the Court of First Instance required him to extract a passport for the custody (the youngest son), and the judgment stipulated that the incubator has to keep any identification documents related to the custody and keeping personal cards, which violates the requirements of Article 157 of the Law Personal conditions that authorize the custodian to keep his passport except in the case of travel, so he will be handed over to the incubator or if the guardian is intransigent.

The Court of Cassation replied that the payment by the appellant is not valid, and said that the aforementioned article, although it stipulated that the custody guardian retains his passport, the law authorized the incubator to retain the original birth certificate and any other identification document related to the custody, or in a certified manner, as well as his personal card. .

In the reasons for its ruling, the court added that since the incubator is the one that sponsors the affairs of the two incubators daily, it needs to prove their identity when necessary with official interests, and thus the primary ruling is right in what he ruled.

The court decided to reject the appeal, and its owner obligated fees and expenses, and for law fees for 2000 dirhams to be against it, and ordered the confiscation of the insurance paid by the appellant.