Best Child Visitation Lawyers in Sharjah

About Child Visitation Law in Sharjah, United Arab Emirates

In the UAE, the law relating to child visitation primarily focuses on the welfare of the child, ensuring their safety, security, physical and emotional wellbeing. The law is primarily governed by the UAE's federal law number 28 of 2005 on Personal Status which provides provisions on child custody and visitation rights. In the event of a divorce or separation, both parents retain the right to see their child and maintain an effective relationship. Determining the specifics of visitation rights, however, may require legal assistance to ensure fair treatment of both parties and the child's best interests.

Why You May Need a Lawyer

Child visitation matters can be complex and emotionally charged. Irrespective of the circumstances, the paramount priority is the welfare of the child. You may need a lawyer to help negotiate and mediate between parties to achieve a agreeable visitation plan. Additionally, if the opposing party is not adhering to the agreed or mandated visitation rights, a lawyer is essential to help enforce these rights. In cases where the child's safety or well-being might be at risk, a lawyer can advocate for alteration of the established visitation rules.

Local Laws Overview

In Sharjah, like the rest of the UAE, the local laws regarding child visitation primarily take into account the child's welfare. Children under the age of 11 are typically granted custody to the mother, unless it is proven that she is incompetent. For children above 11, the court decides based on the child's preference. However, visitation rights are granted to the noncustodial parent. The specifics of these visitations rights are determined case by case, though typically include spending a few hours with the child every week to overnight stays. The noncustodial parent is obliged to respect the set visitation timings and ensure the child returns to the custodial parent as agreed.

Frequently Asked Questions

Can a father be denied visitation rights?

In general, UAE law does not support the absolute denial of a parent's visitation rights. However, if there is substantial evidence that the father's presence could harm the child physically, emotionally or mentally, his rights may be restricted.

Can a mother move out of Sharjah with the child, without the father's consent?

A mother can't move the child out of their habitual residence without the consent of the father, unless there's a risk to the mother or the child.

What can be done if the noncustodial parent does not respect the visitation agreement?

If the noncustodial parent is not adhering to the visitation agreement, the custodial parent may take legal action to either enforce the agreement or alter it to reflect the current situation.

Can visitation rights be revised?

Yes, visitation rights can be revised if there's a change in circumstances and the revision is in the best interest of the child.

How is the child's best interest determined?

The best interest of the child includes considerations of safety, security and emotional well-being. Courts take into considerations the parental capability of each parent, their financial status, their moral integrity, and the level of comfort and love the child has with each parent.

Additional Resources

The UAE's official government portal, Department of Family and Juvenile Cases, and Sharjah Social Services Department can all provide resources and support for individuals dealing with child visitation matters. Local support groups and councils may also be available for additional advice and assistance.

Next Steps

If you are in need of legal assistance in regards to child visitation in Sharjah, it's recommended to first seek advice from a legal professional. They can help you understand your rights, the local laws and bring clarity to your case. Your lawyer will guide you through the process of negotiations, court hearings and enforcement of agreements, ensuring your interests and those of your child are prioritised and maintained.