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Law on Family Matters for Expatriates living in the UAE: Part III

Introduction

In Part III of our series on family law-related issues for expatriates in the UAE, we turn our focus to the matters related to child custody, child relocation and abduction, and inheritance, as governed by the UAE laws.

Custody and Guardianship

Under the UAE Personal Status Law of 2005, there is a difference between a custodian and a guardian. A custodian is the one who has the physical safekeeping of the child whereas a guardian has the legal or moral custody. A mother is the natural custodian of the child under the UAE Personal Status Law with the father being the guardian.
Usually, the mother does not lose custody unless she is unfit to take care of the child or she puts the child’s life at risk. Similarly, guardianship is unlikely to be taken from the father unless he has committed sexual crimes, including towards his children or has been detained for more than a year. The physical custody is with the mother till the boy turns 11 years old and the girl turns 13 years old if there are no circumstances which affect the interest of the child. The governing rule in determining custody cases is the best interest of the child.

On the contrary, following the provisions of the new Federal-Decree Law No. 41 of 2022 On Civil Personal Status, which applies to the non-Muslims in the country, custody is shared equally between the parents, and there is no distinction between custodian and guardian. Also, either party can move an application to the court to waive their right to custody or exclude the other from joint custody. Non-Muslims in the UAE also have the option to apply the laws of their home country if they do not want to be governed by the new law.

Child Relocation

Under the UAE Personal Status Law of 2005, the child cannot be relocated out of the UAE without the written consent of both parents. If the custodian (mother) wants to relocate the child out of the UAE, the guardian (father) would need to approve it.

Even a short visit would require the guardian’s permission. In case the guardian refuses to give consent, the custodian has the right to raise a request to the family courts, which will decide on the request. That said, the Dubai cassation courts have held that the freedom to travel is a constitutional right of every person in the UAE and this right will not be restricted unless a valid reason is provided.

Practically, the court issue approvals for short visits even if the husband has not agreed, provided some guarantees, in the form of a passport of a guarantor, are submitted to the court. The guarantees to be provided are based on the discretion of the courts.

The rules regarding the relocation of children are similar for non-Muslims to the extent of requiring approval from both parties. Going by the provision of Article 15 of Federal Decree-Law No. 41 of 2022, if there are no special provisions in the new law on a certain issue, it will be governed by the existing laws in place.

Child Abduction

Child abductions do happen in family dispute cases and typically are either through abduction out of the UAE or into the UAE.

If the parents are UAE residents and one parent abducts the child from UAE to another country, the resident parent first has to apply for a custody claim before the UAE courts. Once the parent obtains the custody court order, they may then file a criminal case for child abduction before the UAE courts, followed by filing a request to Interpol for extradition.

When a child has been abducted from another country into the UAE, there are several considerations to keep in mind. One option that could be considered is filing an urgent application before the UAE courts to deliver the child back to the parent if the child is young and abducted from abroad into the UAE. UAE is not a part of the 1980 Hague Convention on the Civil Aspects of International Child Abduction and therefore applies its laws in child abduction matters. The UAE courts are proactive and likely to decide on the case within a few days.

If the wife has child custody through a court order in a foreign country, she may file a criminal case before the UAE courts or request the courts to recognize the foreign court order giving her custody. The UAE can enforce a foreign judgment provided that it is not against the public policy of the UAE.

Inheritance

Inheritance is one of the key issues for expatriates who are settled in the UAE. The UAE Personal Status Law of 2005 continues to govern the inheritance procedures for Muslims, whereas inheritance for non-Muslims in the country is governed by Federal Decree-Law No. 41 of 2022 On Civil Personal Status, irrespective of whether they are citizens or expatriates. However, expatriates can still choose to apply the laws of their own country or choose to apply other laws in force in the UAE.

As for the UAE Personal Status Law of 2005, the primary heirs, such as the spouses, children, parents, grandparents, siblings etc. are given priority, but the number of shares differs, under different circumstances. Moreover, a person can only bequeath one-third of his estate, and the estate will devolve once the funeral costs, unpaid debts and will of the deceased have been determined.

On the other hand, under Federal Decree-Law No. 41 of 2022, a person can bequeath all the estate in UAE to one person, or if there is no will, the estate will devolve upon the heirs without distinction between males and females.

Conclusion

This concludes our discussion on the federal laws applicable to personal status matters in the UAE.

Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.

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Dehradun to Delhi Taxi from Chiku Cab for Weekend Tour
Travel becomes easy with a Dehradun to Delhi Taxi service. As we all know Dehradun is a hub of Tourism in Uttrakhand and hiring cabs can be a difficult task. To provide you a hassle-free journey we offer cab service with experienced chauffeurs who will also help you explore Delhi city and its all historical places. You can book Chiku cab services from www.chikucab.com or call on-844-844-5504. Business Name:- Chiku Cab Address: H-160, Sec-63 B-23, BSI Business Park, Noida, Uttar Pradesh 201301 Phone: 062808 20037
listen....
I've been having having such a hard time now knowing things I wish I never knew, after all this time all I did was care and tried to be the best daughter the best sister I could be a friend even, but not once have I complained when you left me alone when I was a child, not once have I been mad at you, not once have I ever said I hated you. I have always wanted to be their and help you through everything I'm your daughter I don't get what I did to ever make you hate me so much, I don't know what I did to make you regret having me as your daughter, I don't know what I did but I'm sorry. I tried I really try to be the best daughter the best sister the best friend the mother even to my sibilings when you left us for months on end with nothing. I just wish I knew what you wanted to be able to change to be what you want. All I can really say is I'm sorry I'm not the daughter you wanted the daughter that you can praze the daughter that can make you guys happy. I'm sorry I'm a dissapointment to everyone, I'm sorry I can't be what you want at all I'm sorry this song is a song that got to me so much, all those people put their who is having a hard time listen to it, it may not help much but it can help ease the pain a bit as you listen to it and read the lyrics really listen and you will get it....I just needed get something off my chest so many things has been going on in my life that I can't think straight anymore so many things floating and clouding my mind that I wish I could actually explain more but I think some of you guys would have gotten it already.... https://www.youtube.com/watch?v=v4xbVLnUx_A tagging the fam~ @twistedPuppy @VatcheeAfandi99 @Sammie9952 @B1A4BTS5ever @resavalencia @moose1998 @vipgirl5 @locoforjiyoung @xxchicharitoxx @AubrielPope @LemonLassie @SuperJuniorelf @kennaxx @KAddict @Yugykookie97 @awkwardlove23 @NicoleFireRose @salo @janessaakemi @LisetteZapata @mrsjeon @swarrier16 @JuanitaBooRiv @xoxorittie @LunaCordero @merryjayne13 @alyssadonell @TerraToyaSi @MariRi @CallMeMsDragon @Isolate @amandamuska @AmberRelynn @TheEnlightmen @EmilyPeacock @RebeccaLondon @kisashimizu16 @Tamaki1618 @SkyBlast @StephaniePoore @OhltsJas @tiffany1992 @Polarstarr @firstladyfamog @minimanim3 @AnnieGodman @Winx9119 @KhrystinaLee @Raz4L @KarenGuerra93 @lizbethruiz617 @Gaarita100 @Chace @Kimnam94 @FaithMarrison @JuliaVIP @Kpossible4250 @NellybugJohnson @MelissaGarza @BangtansWife95 @amberg171997 @strawberrylover @EmilyGardner @Parktaemi @romsalina @KwonOfAKind @micahirene @KaeliShearer @ChandraTorres @ManiGray @kpoplover492 @hayoungforever @vlargo @otakukpoper @mariadelzam @CristinReynolds @Exoexo @leviniax @HyunnieKim @adorably @Zoelove @3SecoundsOfHope @BrandyJones @MaelStormVIP @NikkoNole @VIPFreak2NE1 @cagonzales9696 @ShifaKulsoom @Abigailh758 @xMangaLover @HeichousRegalia @IsisMayaVelasco @GreciaFlores @FromBlue2U @RandomName @dianalakoreana @RandomName @Princess2425 @RKA916 @MichelleRosa @IDK2018 @SweetDuella @KPandaLover @loljan17 @BridgetJara @Kitty17 @ShinoYuki @Hongbinhyung @LemonLassie @AliceChess @Izzy987 @yaya12 @BiasKpop @Kenzielogical11 @Baekyeol27 @dreemer13 @QueenPandaBunny @KhouYang @BTSxEXO @Princess2425 @AngelaDarkness @LunaFergus @InfinitySky @tiffany1922 @Kyokeo @Momina427 @imiebegay14 @AshleiRyals @SindyHernandez @ImHayley @jjrockstar @OppasManBun @Tae4everyoung @EvodiaEbraheem @AraceliJimenez @YessicaCardenas @SugaKookieV @MaelstromVIP @LunaCordero @ESwee ( please tell me if you want to be untagged i will gladly untag you so please just be polite and ask i would do it if you want to be tagged in my cards tell me and i would be glad to add you on my cards thank you)
What You Need to Know About The Upcoming Privacy Shield Date 2023
2023 is the year when the Privacy Shield date comes into effect. This legislation is a major milestone in data privacy regulations, and it carries huge implications for businesses worldwide. Data privacy is an increasingly important issue in today's digital economy, and the Privacy Shield date is an important step in that process. It will bring about major changes to the way businesses handle and protect customer data, making it even more important to understand what the Privacy Shield is and what it will mean for your business. To help you get up to speed on the Privacy Shield, we’ll look at what it is, why it matters, and how you can prepare for its implementation. With a little awareness and preparation, you can ensure your business is ready for the Privacy Shield date in 2023. What is the Privacy Shield Date? The Privacy Shield date is the day that the Privacy Shield framework is scheduled to go live. It is a major data protection and privacy regulation that forms part of the GDPR and will mark the culmination of several years of negotiations between the EU and the US. It is highly likely to bring major changes to the way businesses handle and protect personal data, and it will have a major impact on the way that the digital economy operates. The Privacy Shield date will bring about the end of the EU-US Safe Harbor Framework, which has been in place since 2000. The EU-US Safe Harbor Framework has been at the center of major data protection issues between the EU and the US. Issues that have arisen due to conflicting data privacy laws between the EU and the US have caused a lot of headaches over the years, with the EU imposing fines on companies operating in their jurisdiction that have not been able to meet their data privacy regulations. The Privacy Shield is the EU’s attempt to put an end to these worries once and for all and bring about a data privacy framework that works for both parties. What are the Implications of the Privacy Shield Date? If the Privacy Shield is implemented as planned, it will bring about major changes to the way businesses handle data privacy. It will also place a greater onus on companies to ensure that they meet the high data privacy standards in the legislation. The Privacy Shield will put data privacy regulation on an equal footing between the EU and the US. It will bring about changes to the way that businesses handle data processing and data retention, and it will also impose stricter requirements on the documentation of data processing activities. The increased focus on data protection and privacy that the Privacy Shield brings is likely to significantly impact businesses. The increased administrative overhead and the stricter data privacy requirements that the Privacy Shield brings are likely to pose a challenge to many companies. Why is the Privacy Shield Date Important? If the Privacy Shield is implemented as planned, it will bring about major changes to the way that businesses handle data privacy. That will make data privacy a higher priority for businesses, and it will bring about a heightened focus on data protection and security. There will be more rigorous data privacy requirements, and companies will need to put more effort into meeting those standards, both in terms of the way that they process data and the way that they protect it from cyber threats. The increased focus on data protection and data privacy that the Privacy Shield brings is likely to be a positive development for many businesses. For example, it could help eliminate some confusion around data privacy regulations, making it easier for businesses to understand and meet their data privacy obligations. What are the Key Requirements of the Privacy Shield Date? Although the full text of the Privacy Shield has not yet been published, we do have a pretty good idea of what will be included in the legislation. The requirements that the Privacy Shield imposes on businesses are likely to be very similar to those of the GDPR, which is one of the reasons why the EU has chosen to replace the EU-US Safe Harbor Framework with the Privacy Shield. The most important requirement is that businesses are able to demonstrate that they are meeting their data privacy obligations. To do that, they will need to have a clear data privacy policy, and they will need to make sure that their staff is aware of it. The Privacy Shield will also require businesses to report any data breaches that pose a risk to customers. It will also ensure that they can meet the requirements for data portability. How Can Businesses Prepare for the Privacy Shield Date? Because the Privacy Shield has not yet been implemented, there is still time for businesses to prepare for its impact. It is important to keep an eye on the legislation's progress and make sure that you are aware of the changes it will bring. Once the Privacy Shield is in force, it will be essential for businesses to make sure that they are meeting their data privacy obligations. Be sure to keep your data privacy policies up-to-date and ensure that your employees are aware of them. Once the legislation is in place, you will also be expected to report any data breaches. Make sure that you’re keeping track of any potential data breaches and are able to take the necessary steps to address them. What are the Potential Challenges of the Privacy Shield Date? The Privacy Shield will bring about significant changes to how businesses handle data privacy, and it will also impose higher standards in data protection. That means that businesses will need to make some significant changes, which could also pose challenges for some organizations. The increased focus on data protection and privacy that the Privacy Shield brings means businesses will need to invest more time and money into protecting their data. In particular, they will need to ensure that they are using up-to-date cybersecurity measures and that they have a plan in place to deal with data breaches. Because the requirements of the Privacy Shield are likely to be very similar to those of the GDPR, many businesses may already be in a good position to meet them. However, for others, the legislation will bring about significant changes, and it will take some time to adjust to the new environment. What Are the Benefits of the Privacy Shield Date? If the Privacy Shield is implemented as planned, it will bring about major changes to the way that businesses handle data privacy. It will also bring about a heightened focus on data protection, which will be a positive development for many businesses. The increased focus on data protection and data privacy that the Privacy Shield brings is likely to be a positive development for many businesses. For example, it could help eliminate some confusion around data privacy regulations, making it easier for businesses to understand and meet their data privacy obligations. In addition, the Privacy Shield could also help ease tensions between the EU and the US regarding data privacy. Issues around data privacy have been a source of tension between the two regions for quite some time now, and they have caused some significant headaches for businesses operating in both jurisdictions. The Privacy Shield is the EU’s attempt to create a framework that will satisfy their concerns and help to put an end to the issues once and for all. Conclusion The Privacy Shield date is a major milestone in data privacy regulations, and it carries huge implications for businesses around the world. Data privacy is an increasingly important issue in today's digital economy, and the Privacy Shield date is an important step in that process. It will bring about major changes to the way businesses handle and protect customer data, making it even more important to understand what the Privacy Shield is and what it will mean for your business. With a little bit of awareness and preparation, you can make sure your business is ready for the Privacy Shield date.