Soon.. a law that allows the child to choose between his parents after a certain age

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Ahmed Abdul Karim, Head of the Department of Family Reform and Guidance in the Dubai Courts, and Chairman of the Incubation Committee in the emirate, revealed that since the committee assumed its official duties last August, 32 detailed reports on the social, psychological, health and criminal status of persons seeking custody or those for whom the court will rule on custody and verify their eligibility.

He said in statements to Al-Bayan about the imminent issuance of a legislative law that allows the child to have the choice, and to take his opinion on his desire to embrace the mother or father after having a certain legal has reached age, with the expectation that the choice will be after the child reaches the age of 15 years and the woman in custody is at least 18 years old.

His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Chairman of the Judicial Council of the Emirate of Dubai, earlier issued Resolution No. is involved in fostering children under the age of eighteen.

big difference

Abdul Karim confirmed that His Highness’s decision to establish the committee has made a big difference in the management and assessment of custody files, and that the current law alone is not sufficient to show the interest of the foster child, nor the previous reports by one social researcher and included a summary of the facts he reached on his own, and not according to The opinion of the majority as determined in the decision to establish the committee.

The decision determined the establishment of a committee in Dubai Courts called the “Incubation Committee” and its chairman and members were chosen after the decision was issued, and it consists of two representatives of Dubai Courts, one of whom is the head of the committee and the other his deputy, to be appointed by the Director of Courts, and two representatives of the Community Development Authority in Dubai, one of them from the Child Protection Unit appointed by the Director General, and two representatives of Dubai Police concerned with child protection appointed by the Commander-in-Chief of Dubai Police, in addition to the appointment of a Dubai Courts employee as rapporteur of the committee.

Abdul Karim explained that the personal status court validated all the reports prepared by the committee, except for one case that it did not take into account, as the acceptance or endorsement of the recommendations of the committee is not binding on the court is not, and because this issue is up to the discretionary power of the competent judge to decide on the “supervision request”.

procedures and recommendations

Abdul Karim indicated that the procedures for issuing a report on the validity of custody begin with the assignment of the competent court to which the dispute or custody request is submitted, the committee to prepare the report on the suitability of the custodian for custody to prepare, then the specialized committee member in the Child Protection Unit of the Community Development Authority makes a field visit to the applicant for custody or the one for whom the court will decide. In charge of the nursery, with the aim of identifying his family, social and economic conditions, and his ability to provide the necessary life, educational and health needs for the child, and it is also ensured that the nursery school applicant or the one whom the competent court shall determine for custody to be free from any disease which poses a danger to the child whose custody is required, and this is on the basis of a medical certificate issued by an approved medical authority.

And he indicated that the incubation committee issues its decisions and recommendations with the majority of the votes of its attending members, “and when the votes are equal, the opinion of the committee chairman, who is excluded by law with two votes from among the members s votes,” is considered such that his opinion is the tip of the scale that favors which of the two options is better.

Considering the interest

The head of the committee confirmed that the reports of the fostering committee strengthened the emphasis on observing the interests of the foster child, and organized the process of assessing the parents’ right to custody away from the other goals of one of them, which indicates that this development in the judicial work is based on systematic scientific and research aspects, which ensures the court’s satisfaction with the results. And the recommendations that the committee reached through research, investigation, field visits and visits to both the father and mother to find out general conditions.

Abdul Karim said: “Previously, the number of requests for the social, psychological, health and criminal status of persons seeking custody or those for whom the court would decide on custody, from the social researcher appointed by the court, within the limits of 20 requests annually, but after the appointment of a committee and its tasks and working methods were defined. The numbers have doubled, and this is indicated by the statistics of the committee, which has been able to submit recommendations in 32 cases since last August , at the rate of 8 reports per month.

The choice of the promoted

And regarding the choice of children in custody with the father or mother, Ahmed Abdel Karim said: “The current law does not allow the court or the supervision committee to choose foster children to live with the father or mother, and no longer allows if they seek opinions on some aspects related to the investigation of the circumstances in which he lives and the extent of his satisfaction with the father or mother, the level of care and concern for him, and the provision of a decent life for him, including his psychological, social, health, educational, housing and living needs.

The Head of the Family Guidance Department, Chairman of the Committee, emphasized that fathers and mothers must respect the wishes and interests of their foster children and not involve them in the disputes arising from divorce.

He said: “Having investigated the circumstances in which the majority of the foster children live, we have noticed stubbornness, fabrications and evasions on the part of the father or mother, or both, in trying to convince the court that one of them is the most suitable for custody, and this matter is contrary to religion and morals, and is harmful to the future of the foster children who are supposed to live with dignity and dignity, away from the father and mother’s disputes.” Judicial ». He added: “We have also monitored cases in which one of the parents deliberately alienates the children from the other, so that they hate him and refuse to live with him, and this is one of the most dangerous weapons that each of them uses against the other in their legal battle to get custody, and they will pay for it after finding their children in isolation and social and psychological problems. And an escape from virtual social relations in which those with dead conscience and malicious criminal intentions can seize .them.

default risk

Ahmed Abdel-Karim recalled the case of a 9-year-old child, who met virtual friends on social media, and deliberately closed the door to his room as usual, which his mother, who searched his phone after he went that night slept, worried. and found clips and pictures immoral in it. It does not match his childhood and age.

When he woke up the next morning, she went back to him with what she found on his phone, and he told her that he met a person in his twenties, who started sending him pornographic clips and pictures and asked him to allow his family to go to the cinema with him.

Abdul Karim added: “That incident was a shock to the mother, which made her realize the extent of the danger her son was in because of his addiction to social networking sites to the living conditions and the problems between her and to escape her ex-husband, so she grew closer to him to protect him from those who pursue his innocence, his psyche, and his future.”


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