Court refuses to separate mother and son

A Dubai court denied a man custody of his child on the premise that it will separate the little one from his mother.

The Court of Cassation observed that the father, an Egyptian who is willing to relocate to his home country and seeking to take his minor son along, has to facilitate his ex-wife’s – an Iranian - entry to Egypt in case if he wants to take the boy along.

The court made this observation following a petition filed by the mother against a court of appeals decision to allow her son’s custody to the Egyptian.

Initially, the Egyptian had filed a lawsuit in the Court of First Instance seeking custody of the child, which was dismissed by the court saying the mother and the child cannot be separated.

The Egyptian then appealed against the verdict in the Court of Appeals, which issued a decision in his favour.

However, the woman then knocked the doors of the Court of Cassation pleading that she is taking good care of the boy in Dubai, who is now enrolled in a reputed school and separating them at this moment would hurt both.

The court finally reached the abovementioned judgement and asked the father to facilitate the mother’s travel and stay in Egypt if he wants to take the boy to the country.

The decision reached by the court was based on the text of Article 151 of the Personal Status Law.

The Court of Cassation said in its ruling: "The husband didn’t submit the documents which can help the wife to travel and stay in Egypt easily, where he intends to settled down, so it is harmful to separate the mother and her young child, in accordance to Article 151 of the Code of Personal Status in UAE."

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