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18 April 2024

Court backs mother in custody case

By Staff

The Federal Supreme Court rejected a plea by a divorced Emirati father in Fujairah to take custody of his adult son, saying this will break a union with his two sisters who live with their mother.

Although under Islam a father has the right to take custody of his children once they reach the adult age, the court said religion gives it authority to extend custody for a mother if this will benefit the child.

“The court finds that moving the son to live under his father’s custody could be psychologically harmful to the son given his affinity with his two sisters who live with their mother,” the court said in its sentence, according to the Arabic language daily 'Emarat Al Youm'.

The verdict overturned an earlier sentence by a Fujairah court which give the father custody of his son provided he pays Dh5,000 alimony to the mother, prompting both parties to appeal the sentence.

An appeal court decided the mother should retain custody of her son and that the father must pay Dh1,000 for each child every month in addition to Dh2,500 for their housing. The father again rejected this sentence and appealed with the federal supreme court.