Ask the Law: Can I sue my ex-wife in UAE for not letting me visit my children?

Question: I am a Muslim man. A year ago, I divorced my wife, who is also Muslim. The court ruled in favour of my ex-wife for custody of the children, a five-year-old girl and a six-year-old boy, in addition to other monthly expenses. The court also ruled that I am allowed to see my children once a week without spending the night with them. My current problem is that my ex-wife has not allowed me to see my children for more than four months, claiming that my children do not want to see me. I found out that my ex-wife is the one who is inciting my children against me, through a video my son sent me, showing my ex-wife doing this. In addition, she is often absent from home and sometimes spends the night outside the house. My question is, do I have the right, according to the Sharia court, to file a lawsuit to revoke custody of my children because of this behaviour of my wife? Please advise.

Answer: I would advise the questioner that:

According to Article 121 of the New Federal Decree-Law No. (41) of 2024 on the Issuance of the Personal Status Law, which is supposed to be executed in April 2025, if the child is in the custody of one of the parents, the other parent has the right to visit him/her, take him/her with them for visit, and take him/her for sleepover according to their mutual agreement. In the event of a dispute, the court shall decide what it deems to be in the interest of the child in custody. The court’s ruling shall be enforced compulsorily if the custodian refuses to enforce it. Regarding your case, you have the right to execute the judgement you have in front of the court which will enforce her to let you visit the kids.

As for the custody of the children, Article 115 of the same law states that the right to custody is extinguished in the following cases: a. If one of the conditions that shall be met by the custodian is lost. b. If the custodian fails to perform the duties of custody or is unable to perform them. c. If the custodian moves to a place with the intention of residence, with which the interests of the child in custody shall not be met. d. If the person entitled to custody remains silent about claiming it for a period exceeding one year from the date on which he became aware of the reason of entitlement without an excuse, unless the interest of the child in custody requires otherwise. e. If the new custodian lives with the person whose custody was lost for a reason other than health disability. f. If the custodian commits a disgraceful act that affects the child in custody.

2. A person whose right to custody has been extinguished may apply to the court to request it again if the reason of extinguishment ceases to exist.

In case you can prove that her frequent absence from the house or sleeping outside affects the kids’ interest and thus the custodian fails to perform the duties of custody or is unable to perform them, then you can file the case to extinguish the custody taking into consideration that the court will take the decision based on the documents and proves that you will submit.