Dubai: the father has the guardianship of his daughter restored by a court after having renounced it earlier

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Before that, he had made a deal with her in which he had the guardianship of their seven-year-old daughter relinquished.

The Sharia court awarded custody to the mother.

The father has publicly stated that his ex-wife has left the country and their daughter, who has autism, is being neglected. She used to miss school for several days, he claimed, and urged the court to restore her right to be her daughter’s guardian.

Meanwhile, the mother filed a complaint asking to increase her daughter’s alimony and cost of living to 7,000 Dh, in addition to asking for an allowance of 70,000 Dh for the house, 2,000 Dh in bills and tuition, car and housekeeper insurance.

She claimed that she was working as a regional manager in an international company and could not keep her job due to the COVID-19 pandemic. She further claimed that her ex-husband would not meet all the demands although his financial situation has improved.

According to lawyer Bader Khamis, who is representing the father, the Court of Appeal ordered that guardianship rights be returned to the father because the agreement between father and mother violated the law.

“The father has the inalienable right of custody of his daughter. The agreement to waive her guardianship rights happened under special circumstances based on conditions that the ex-wife could not fulfill,” Khamis said.

The Dubai Court of Appeal rejected the father’s request to relinquish custody of the mother and overturned the father’s waiver of guardian rights in the agreement, saying it is against Sharia and legal rules.

According to the laws of the United Arab Emirates, the mother is granted the right of custody while the father is granted the right of guardianship.

Custody describes a parent’s day-to-day care of a child, while guardianship means acting in the child’s best interests, such as having the right to look after the child’s upbringing, cover the housing, food and other expenses.

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