The Dubai Court of Appeal overturned a decision by the Court of First Instance for personal status to deprive a mother of custody of her daughter, annex her to her father and drop child support.
The details of the family dispute began with the father filing a lawsuit against his divorced woman, demanding that her custody of their 9-year-old daughter be terminated, on the basis of having said that the defendant was his wife and bore their child by him and obtained custody by virtue of a final court decision, but she waived the trust clause, as a criminal court order was issued that convicted her in the case of theft of sums and gold bars belonging to him, and consequently she is not qualified to continue in custody.
And he demanded that she be required to hand over the little girl to complete her upbringing, prevent her from being exposed to him, and hand over to him all supporting documents for the child in custody, including passport, birth certificate and everything related. the child, and obligate her to pay fees, expenses and attorney’s fees.
The court of first instance present decided to waive the defendant’s custody of the girl, to take her with the plaintiff, waive the custody costs and oblige the defendant to hand over all documents to the plaintiff.
The mother appealed the original order and her legal representative, Badr Abdullah Khamis, demanded that the original order be annulled as it was unfair to her rights and appeared to lack causation. , and caused burns to her when he single-handedly took her.
The Court of Appeal referred the case to the Incubation Committee to prepare a comprehensive report on the residence of the mother and father, the suitability of the current environment in which the incubated woman lives, as well as her psychological and social condition.
After investigations, studies and conclusions, the fostering committee concluded that the mother should continue custody of the child, as it is the most appropriate for this, and the foster child’s need for his mother at this age.
In addition, the court offered the two parties mediation, but they refused, so it submitted the case to judgment and stated in the merits of the case that it is stated in the report from the incubation committee delegated by the court that the environment where she lives with her mother is suitable and fulfills every need, as well as her attachment to her mother and her inability to move away from her.
She pointed out that the report confirmed that the level of education of the incubates is excellent, as her mother follows her continuously and is keen to raise her level of performance, while the appellant lives in an apartment consisting of a room and a hall with her sister, and the child is forced to sleep with her aunt, which she does not like. The report partly recommended continuing custody of the child with her mother at this age, partly it was proved that the father rarely saw his daughter for more than a year, which confirms the court’s certainty that the foster child’s interests require her to continue with her mother.
The court affirmed that the judgment given by the respondent does not affect the final criminal sentence given by the respondent to sentence his ex-wife to three months’ imprisonment with a suspended sentence and a fine in a lawsuit that stole money and gold bars from him, as the incident was raised in the previous divorce, custody, and child custody case between them, and appellant did not plead. In that case, custody is proven to him, which is a presumption that the child’s interest requires her to be in the custody of her mother, as well as the father’s inability to prove any injury, neglect or negligence suffered by the child from her mother , and therefore the court decided to annul the original order.
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