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How Do UAE’s Courts Ensure Fair Visitation Rights During Divorce?

Divorce is already an emotional challenge for the couple, but when children are part of the equation, the situation becomes even more complex. The thought of being away from your kid or facing a situation where you’re unable to spend time with them can be devastating. Being the custodial parent also means making tough decisions about managing their relationship with the non-custodial parent. The well-being of the child is the primary concern in both cases.

In almost every country, there are laws related to visitation rights to ensure that a child maintains a strong relationship with both parents after they get separated. UAE courts also have a structured and legally defined approach to family lawyers. But how do the courts ensure that rights are fair and in the best interest? This blog will guide you through the essential elements of visitation rights that support a child’s right to maintain healthy relationships with both.

What Are Visitation Rights?

Visitation rights, also called access or parenting time, allow the non-custodial parent to spend time with their child. These rights are not about visitation alone but are a crucial part of the overall custody arrangement. Despite not having full-time physical custody, non-custodial individuals still receive regular time to spend with their children.

In the UAE, it depends on the specifics of the divorce case and the child’s age. These arrangements include regular weekend visits, holidays, or occasional extended visits. The courts carefully decide what kind of schedule would be in the child’s best interests. This schedule is often flexible, allowing both to spend meaningful time with them.

Parenting Time Guidelines 

These guidelines describe how visiting rights are shared between the custodial and non-custodial parents to achieve justice and balance. The non-custodial one is typically allowed to spend quality time. The visitation schedule can vary depending on the child’s age, the circumstances, and the court’s assessment. It might be more frequent for younger ones, involving weekends, holidays, and regular visits. Older ones may have more flexibility, considering their school responsibilities, extracurricular activities, and their bond with that parent.

They may agree on a suitable parenting time arrangement through mediation and dispute resolution. However, if they cannot agree, the court makes a formal schedule.

How do UAE Courts Determine Visitation Rights?

  • Every decision regarding these rights is made for the child’s best interests. The UAE Family Law states that the court’s priority is ensuring the welfare, which includes maintaining strong emotional bonds with both.
  • The relationship between each parent plays a key role in deciding their rights. If one has been the caregiver and the child shares a close bond with them, the court may grant primary custody to that parent. 
  • The court also considers each parent’s fitness. The court may restrict or supervise rights if it finds one to be abusive, neglectful, or incapable of providing a stable environment.
  • Age and maturity level are essential in determining this. Children who are old enough can decide where they want to live and how often they wish to see a non-custodial parent. 
  • The courts consider the child’s cultural and religious needs, mainly if there is a conflict between the parents. 

How can Child Custody Orders be Enforced?

Enforcing custody orders in the UAE can be challenging and complex, particularly when one parent fails to comply with the court’s visitation, custody, or child support decisions. However, the UAE’s legal system ensures custody orders upholding and safeguarding both parties’ rights and, crucially, the child’s well-being.

  1. Seek Mediation or Family Counseling

The courts encourage parents to mediate custody disputes before taking legal action. Family counseling centers facilitate this process, in which a neutral mediator collaborates with both parents to reach a mutually agreeable solution. Mediation can address misunderstandings and encourage cooperation without formal legal interference.

  1. File a Complaint with the Court

If mediation fails or one parent refuses to comply with the custody order, the next step is to file a formal complaint with the court. The parent who has custody can submit a request to the court. The court will examine the situation and, if necessary, take immediate action. The court can also issue enforcement orders to ensure compliance.

  1. Contempt of Court

Failure to comply with the order can be considered contempt of court. If one parent consistently denies the other their rightful visitation time or refuses to accept custody decisions, the court can impose legal consequences. These may include fines, restrictions, or even a change in arrangements if the violation is severe.

  1. Involvement of the Police

The police may become involved in severe cases where a parent’s disregard for the custody order puts the child in danger or leads to a highly distressing condition. The court can direct the police to enforce custody arrangements, including returning the child to the rightful parent if necessary.

  1. Modification of Custody Orders

If the situation escalates, a parent can request the court review and modify the arrangements. It is common for one parent to violate the custody order’s terms repeatedly. The court will assess whether changes are necessary to protect the child’s best interests, including altering custody or visitation schedules.

Final Thoughts on Ensuring Fair Child Custody!

Ensuring fair custody and visitation rights is crucial to family law. It directly impacts the emotional and psychological health of the children. The complexity of individual cases means ensuring fairness is not always straightforward. Recognizing that the child’s needs should precede the parents’ preferences is crucial for fairness. The child’s welfare should be the ultimate goal, and custodial and non-custodial parents must balance their rights with a sense of responsibility. An experienced lawyer can mediate and propose solutions that minimize conflict and foster a cooperative environment between parents.

Diana Hamade is renowned for her expertise in the UAE, where family law is based on Islamic and civil law principles. As one of the best family law child custody lawyers in Dubai, she offers strategic legal counsel and helps families reach fair and just custody agreements. She deeply understands the legal system and is committed to ensuring the child’s best interests are at the forefront of every case.

Contact Diana Hamade and let her be your go-to legal expert for custody disputes in the UAE!

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