UAE Family Matters Q&A: Who can act as a witness in a family case?

Can I call my parents and my children as witnesses in a family hearing?

The court does not allow parents and the children of the respondent or the claimant to act as witnesses in a family case. The reason for this is the nature of these relationships, which make their testimony likely to be under duress, partisan, or unreliable due to the emotions involved.

I am presenting my witnesses at the family court, can my lawyer train my witnesses and guide them on what to say?

It is not recommended that the witnesses seek any guidance or meeting with the representative lawyer of the party, nor to get any briefing, training or answers to any potential questions that the judge might present to them during the proceedings of the family court. This is so that the court can get a clear and impartial picture of the statement of the witness without any external pressure.

Why is my case being sent back to the Court of Appeal from the Court of Cassation?

The decision or judgment can be made in the Court of Cassation and they can decide to send the case back to the Court of First Instance or the Court of Appeal and direct them to review and reassess certain facts, complete any disparities in the case or to review the entire case. In this case, the court directive to do this shall take the Court of Cassation’s directive and act accordingly. This is a procedure of the family court.

If you have a question for Mr Elhais, email [e-mail] with the subject line ‘Family Matters’.