Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
I have custody of my children but my husband is stated as their guardian. What is a guardian and what are his responsibilities under the UAE Laws?
Guardianship involves supervising, protecting, educating and preparing a child for life, as well as giving consent for the child getting married (though this is only applicable for daughters) when necessary. It may often mean making the decisions regarding a child’s schooling or medical treatment. It also involves guiding the child in terms of morals, education and religion.
Guardianship is at the discretion of the family court judge and may be removed or changed if the guardian is deemed unsuitable for the role or if the guardian is not in the best interest of the child.
The court can strip a person of guardianship if they commit rape, conducts themselves disgracefully, is found guilty of prostitution, or misleads the child. Guardianship can also be lost if the person is sentenced to punishment for a felony crime or misdemeanour that affected the ‘soul’ of the child.
Guardianship can be permanently or temporarily removed if the guardian is sentenced to imprisonment, or subjects the child to excessive danger. When investigating such cases, the court may temporarily decide to hand over guardianship of a child to another suitable family member according to Article 181 of Federal Law no 28 of 2005, or a specialised social organisation.
Can a guardian visit the child anytime they want?
Contact with a child post-divorce is called visitation. The guardian is entitled to visit the child regularly under the UAE Family Laws. The custodian, usually the mother, may not move the child permanently to another country if it would prevent the guardian from exercising contact with the child.
A guardian (usually the father) may make an application to court for an order to allow him to exercise his right to visit the child. Usually such contact would take place for an afternoon each weekend, and for an additional time during school holidays. Staying contact would only be permitted when the child is more than two years old.
Visitation can also be decided amicably between the parties through the settlement agreement registered with court. This binds both parties to honour the settlement agreement and should any party breach the settlement agreement, a complaint can be filed with the family court for such a breach. It is strongly advised to seek the opinion of a qualified and well-reputed lawyer prior to signing or entering into a settlement agreement as the terms of the agreement are binding on all parties.
If you have a question for our legal consultant, email media@professionallawyer.me with the subject line "Family Matters".
The biog
Nickname: Mama Nadia to children, staff and parents
Education: Bachelors degree in English Literature with Social work from UAE University
As a child: Kept sweets on the window sill for workers, set aside money to pay for education of needy families
Holidays: Spends most of her days off at Senses often with her family who describe the centre as part of their life too
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- Join parent networks
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- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
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The Hindu festival is at once a celebration of the autumn harvest and the triumph of good over evil, as outlined in the Ramayana.
According to the Sanskrit epic, penned by the sage Valmiki, Diwali marks the time that the exiled king Rama – a mortal with superhuman powers – returned home to the city of Ayodhya with his wife Sita and brother Lakshman, after vanquishing the 10-headed demon Ravana and conquering his kingdom of Lanka. The people of Ayodhya are believed to have lit thousands of earthen lamps to illuminate the city and to guide the royal family home.
In its current iteration, Diwali is celebrated with a puja to welcome the goodness of prosperity Lakshmi (an incarnation of Sita) into the home, which is decorated with diyas (oil lamps) or fairy lights and rangoli designs with coloured powder. Fireworks light up the sky in some parts of the word, and sweetmeats are made (or bought) by most households. It is customary to get new clothes stitched, and visit friends and family to exchange gifts and greetings.
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Rupert Harrison, a fund manager at BlackRock, sees the risk of it falling to trade level with the dollar on a no-deal Brexit. The view echoes Morgan Stanley’s recent forecast that the currency can plunge toward $1 (Dh3.67) on such an outcome. That isn’t the majority view yet – a Bloomberg survey this month estimated the pound will slide to $1.10 should the UK exit the bloc without an agreement.
New Prime Minister Boris Johnson has repeatedly said that Britain will leave the EU on the October 31 deadline with or without an agreement, fuelling concern the nation is headed for a disorderly departure and fanning pessimism toward the pound. Sterling has fallen more than 7 per cent in the past three months, the worst performance among major developed-market currencies.
“The pound is at a much lower level now but I still think a no-deal exit would lead to significant volatility and we could be testing parity on a really bad outcome,” said Mr Harrison, who manages more than $10 billion in assets at BlackRock. “We will see this game of chicken continue through August and that’s likely negative for sterling,” he said about the deadlocked Brexit talks.
The pound fell 0.8 per cent to $1.2033 on Friday, its weakest closing level since the 1980s, after a report on the second quarter showed the UK economy shrank for the first time in six years. The data means it is likely the Bank of England will cut interest rates, according to Mizuho Bank.
The BOE said in November that the currency could fall even below $1 in an analysis on possible worst-case Brexit scenarios. Options-based calculations showed around a 6.4 per cent chance of pound-dollar parity in the next one year, markedly higher than 0.2 per cent in early March when prospects of a no-deal outcome were seemingly off the table.
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Rooms at Fairmont Mount Kenya range from Dh1,870 per night for a deluxe room to Dh11,000 per night for the William Holden Cottage.
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Your rights as an employee
The government has taken an increasingly tough line against companies that fail to pay employees on time. Three years ago, the Cabinet passed a decree allowing the government to halt the granting of work permits to companies with wage backlogs.
The new measures passed by the Cabinet in 2016 were an update to the Wage Protection System, which is in place to track whether a company pays its employees on time or not.
If wages are 10 days late, the new measures kick in and the company is alerted it is in breach of labour rules. If wages remain unpaid for a total of 16 days, the authorities can cancel work permits, effectively shutting off operations. Fines of up to Dh5,000 per unpaid employee follow after 60 days.
Despite those measures, late payments remain an issue, particularly in the construction sector. Smaller contractors, such as electrical, plumbing and fit-out businesses, often blame the bigger companies that hire them for wages being late.
The authorities have urged employees to report their companies at the labour ministry or Tawafuq service centres — there are 15 in Abu Dhabi.
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The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
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Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
