After remarriage, will I have to surrender custody of my child?



I am a Muslim woman with court-ordered custody of my son. I am divorced from my first husband and married to another. My ex-husband attended my second marriage ceremony two years ago. Now, he is asking for custody of my child. Will I have to surrender the child, or do I have a chance in a court dispute?

You have a very good chance of retaining the custody of your child. Based on the fact that your ex-husband attended your second marriage ceremony two years ago and did not enforce his right to seek custody of the child, it shall be deemed that he has waived his right.

The UAE Personal Status Law states that he should have sought custody rights of your child within six months of knowing about your second marriage. Therefore, in your case, the court will require two male witnesses, or one male and two female witnesses, to testify that your first husband was well aware of your second marriage, as he had attended the ceremony.

Another point your lawyer has to highlight in his argument is the best interest of the child.

He needs to convince the court that it is best for the child to stay with you and not your ex-husband.

Emphasis should be placed on how your second marriage is good for your child. Bear in mind that the court has discretionary powers to let you keep custody of your child even if you are married to a different person if the court believes that it is in the child’s best interest.

We are non-Muslim expats residing in the UAE. I was planning to send my wife back home as she is pregnant. However, because of the doctor’s recommendation, I did not cancel her visa and send her back before delivery of our child. Do I have to apply for a residence visa for my newborn before I send them back? Will I face any problem with the immigration authorities?

After the delivery of a baby, the newborn will have 120 days of legal stay. During this period, you are free to decide whether you want to apply and complete the visa procedures for the child or to obtain a leave permit and send your baby back to your home country. Bear in mind that the maximum period of legal stay permitted is 120 days.

If you have a question for our lawyer, email media@professionallawyer.me with the subject line ‘Family Matters’.

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2. Bathua 

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Size: four team members

Stage: Intially bootstrapped but recently closed its first pre-seed round of $800,000

Investors: Wamda, VentureSouq, Beyond Capital and regional angel investors

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Population: 44.13 million

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Industry: Electric vehicles
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The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.

Read part three: the age of the electric vehicle begins

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SUE GRAY'S FINDINGS

"Whatever the initial intent, what took place at many of these gatherings and the
way in which they developed was not in line with Covid guidance at the time.

"Many of these events should not have been allowed to happen. It is also the case that some of the
more junior civil servants believed that their involvement in some of these events was permitted given the attendance of senior leaders. 

"The senior leadership at the centre, both political and official, must bear responsibility for this culture. 

"I found that some staff had witnessed or been subjected to behaviours at work which they had felt concerned about but at times felt unable to raise properly.

"I was made aware of multiple examples of a lack of respect and poor treatment of security and cleaning staff. This was unacceptable." 

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Director: David Gelb

Rating: 3/5

Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants

Why your domicile status is important

Your UK residence status is assessed using the statutory residence test. While your residence status – ie where you live - is assessed every year, your domicile status is assessed over your lifetime.

Your domicile of origin generally comes from your parents and if your parents were not married, then it is decided by your father. Your domicile is generally the country your father considered his permanent home when you were born. 

UK residents who have their permanent home ("domicile") outside the UK may not have to pay UK tax on foreign income. For example, they do not pay tax on foreign income or gains if they are less than £2,000 in the tax year and do not transfer that gain to a UK bank account.

A UK-domiciled person, however, is liable for UK tax on their worldwide income and gains when they are resident in the UK.

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Starring:+Alyssa Milano, Sam Page, Colleen Wheeler

Rating: 3/5

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Round 1: Beat Leolia Jeanjean 6-1, 6-2
Round 2: Beat Naomi Osaka 7-6, 1-6, 7-5
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Round 4: Beat Anastasia Potapova 6-0, 6-0
Quarter-final: Beat Marketa Vondrousova 6-0, 6-2
Semi-final: Beat Coco Gauff 6-2, 6-4
Final: Beat Jasmine Paolini 6-2, 6-2

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Power: 181hp

Torque: 230Nm

Transmission: 6-speed automatic

Starting price: Dh79,000

On sale: Now

Tips to keep your car cool
  • Place a sun reflector in your windshield when not driving
  • Park in shaded or covered areas
  • Add tint to windows
  • Wrap your car to change the exterior colour
  • Pick light interiors - choose colours such as beige and cream for seats and dashboard furniture
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Company name: Almouneer
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Founders: Dr Noha Khater and Rania Kadry
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The biog

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From: Gujranwala, Pakistan

Arrived in the UAE: 1976

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1.9 million women are at risk of developing cervical cancer in the UAE

80% of people, females and males, will get human papillomavirus (HPV) once in their lifetime

Out of more than 100 types of HPV, 14 strains are cancer-causing

99.9% of cervical cancers are caused by the virus

A five-year survival rate of close to 96% can be achieved with regular screenings for cervical cancer detection

Women aged 25 to 29 should get a Pap smear every three years

Women aged 30 to 65 should do a Pap smear and HPV test every five years

Children aged 13 and above should get the HPV vaccine

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Company name: Blah

Started: 2018

Founder: Aliyah Al Abbar and Hend Al Marri

Based: Dubai

Industry: Technology and talent management

Initial investment: Dh20,000

Investors: Self-funded

Total customers: 40

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Name: Haltia.ai
Started: 2023
Co-founders: Arto Bendiken and Talal Thabet
Based: Dubai, UAE
Industry: AI
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Funding: About $1.7 million
Investors: Self, family and friends

The schedule

December 5 - 23: Shooting competition, Al Dhafra Shooting Club

December 9 - 24: Handicrafts competition, from 4pm until 10pm, Heritage Souq

December 11 - 20: Dates competition, from 4pm

December 12 - 20: Sour milk competition

December 13: Falcon beauty competition

December 14 and 20: Saluki races

December 15: Arabian horse races, from 4pm

December 16 - 19: Falconry competition

December 18: Camel milk competition, from 7.30 - 9.30 am

December 20 and 21: Sheep beauty competition, from 10am

December 22: The best herd of 30 camels


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