UAE Law and Practice Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
for either parent. The parents may travel after providing a proper guarantee to the other par - ent and that, if the latter objects, they will seek a decision from the court. The law gives both parents the right to request an extension of the 60-day period if it is in the best interests of the child, or in cases where medical treatment is required, or for any other reason accepted by the court. Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dha - bi) and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi (applicable for non-Muslims in Abu Dhabi) give joint cus - tody to the parents. Therefore, if the parents do not agree over any of the joint custody matters, either of them has the right to submit a request to the competent court to intervene and decide upon the disputed issue. The court will have the discretion to decide on these matters based on the best interests of the child and will endeavour, as far as possible, to maintain the stability of the child’s education and sports life. Within the joint custody period, if the joint cus - todian is unable to travel alone with the child because the other parent has refused to pro - vide their consent, then the requesting parent may approach the court for a decision on this matter. The request will be subject to the court’s discretion.
UAE laws prohibit parental alienation or the dis - tancing of the children from one parent. Federal Law No 3/2016 on Child’s Rights (also known as Wadeema’s Law) provides that the child shall have the right to meet with their parents and maintain direct contact with them. If one parent has sole custody of the child, and if they breach the non-custodial parent’s visitation rights, then the execution judge has the discretion to enforce these rights by ordering penalties/a fine or detention. The judge may also prepare a report indicating the number of times the custodian has breached the visitation contract, with the time and date of each breach. This report could be used by the other parent to claim custody at a later stage. The testimony of children is not directly heard by the judge. The court may appoint a social worker to meet with the children and prepare a report for the court’s review and consideration. 3.4 ADR Please see 2.9 Alternative Dispute Resolution . 3.5 Media Access and Transparency Please see 2.8 Media Access and Transpar- ency .The media may publish content for edu - cational purposes as long as confidential infor - mation regarding the parties is not disclosed and the court has not specifically ruled against the publication of the details of the judgement.
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