The mother’s prosecution is not permissible for her children after the age of custody

The Court of Cassation affirmed that the mother may not be prosecutor for her children after the age of custody except under an official agency, explaining that the nursery age for males is 11 years and for females for 13 years, unless the judge sees her extending until the male reaches, or the girl’s marriage.

The court ruled to accept a father’s appeal against an appeal ruling that spent the mother’s alimony for her three children, including a son of over 18 years.

The mother had filed a lawsuit before the Court of First Instance in Abu Dhabi, in which she requested that she be absolute to pay the expense of his children from her, and to provide her with a maid and improve her treatment, and to allow her to take children outside the state to visit her family and tourism.

In her lawsuit, she explained that she gave birth to the defendant, on the matrimonial bed, but he misunderstood her, deserted the marital home and cut off the expense of three of her children, and prevented her from visiting her family outside the state. The Court of First Instance ruled that the prosecutor will pay the expense of three children from the date of the judicial claim, and that it is not permissible to consider the other requests.

The two parties appealed the ruling, and the Court of Appeal ruled to support the preliminary ruling, but the father was stabbed by it through the veto, and he mourned the ruling in violation of the law and the shortcomings in causing and corruption in reasoning, because – according to the appellant – before the lawsuit or his sons on behalf of the children in the request of their expense, without that A formal bond allowed her to be on behalf of them, knowing that among them is a daughter who exceeded the age of adulthood, who is 21 years old, 18 years old, and a third of 11 years, indicating that the court responded to his payment that the children of the children is an implicit approval of them in the agent of the mother on their behalf in the claim With their rights, while the agency in the litigation, whatever the agent must be proven under an official bond.

He also prompted that the mother’s claim that he does not spend on his children is incorrect, and presented a document portfolio proving his spending on his children, and that he paid their studies fees in the finest universities and private schools inside and outside the country, while she did not provide any evidence to prove what you claim.

In response to what the appellant called, regarding the fact that the mother does not have the adjective to file the lawsuit on behalf of her children without an official bond, that for the 11 -year -old boy and the 21 -year -old daughter, is considered non -good, because they are still in their mother’s custody and lived With her, it is entitled to file the lawsuit in their name without a power of attorney, and when the court that issued the ruling accepted this lawsuit, it has been applied to the right of the law. From the Personal Status Law stipulated that the validity of the custody of women ends with the male’s 11 years old, and the female is 13 years old unless the court sees this age in the interest of the custody, until the custody of the male is attained or the female is married, and that the first paragraph of Article 30 stipulates that the age of reaching The child is 18 years old for those who have not been legally reached before that, and since the boy has reached the age of 18, he has exceeded the age of custody of women, and therefore the filing of the lawsuit by his mother in his interest without an agency from him with an official bond is considered to be contrary to the second paragraph of Article 55 of the Civil Procedure Law What must be rejected by the partially issued judgment in this part.

With regard to the appellant’s claim to spend on his children, in addition to not proving this, the court that issued the ruling responded to his claim that the closest to resolving the dispute between the two parties is to perform the expense of the children in cash, not in kind.