Dubai court dismisses mother's renewed custody lawsuit

Dubai: The Dubai Personal Status Court has dismissed a lawsuit filed by a mother seeking to regain custody of her two sons and secure additional financial support from her former husband, ruling that the matter had already been conclusively settled in earlier judgments.

The case was presided over by Judge Majed Saif Mohammed Al Maamari of the Fourth Personal Status Circuit. After reviewing all pleadings and prior rulings, the court issued its final judgment dismissing all claims.

The ruling, issued on October 22, 2025, closes another chapter in a protracted family dispute that has stretched for nearly a decade. The court found the plaintiff’s claims — involving custody, allowance, and a range of financial requests — legally inadmissible because they had already been decided in previous proceedings.

Court records show that the parents divorced in 2016, when the mother was granted custody of the children along with alimony and housing allowances. In 2020, a Dubai court transferred custody to the father after the children exceeded the legal age limit for maternal custody under UAE law. That decision was later upheld on appeal and confirmed by the Court of Cassation, making it final and binding.

Despite those rulings, the mother filed a new case in August 2025, arguing that her younger son, aged 16, wished to live with her. She also sought Dh10,000 in monthly maintenance, Dh1,000 for internet and study costs, full coverage of school fees, a domestic helper, and a 2022 Nissan Patrol or Dh200,000 cash equivalent for transportation.

Lawyers from Al Awami Al Mansoori Advocates and Legal Consultants, representing the father, argued that the lawsuit was a repetition of claims already settled by final judgment.

Lawyer Mohammed Al Awami Al Mansoori, appearing for the defendant, emphasized that the court could not rehear a dispute that had been conclusively decided, as the same parties, cause, and subject matter were already addressed in prior rulings.

He further argued that the mother lacked the right to represent her elder son, who turned 18 in June 2025, explaining that he now has full legal capacity to act on his own behalf in personal status matters under UAE law.

The court confirmed that the elder son had reached the age of legal majority before the case was filed. Under established judicial practice, individuals aged 18 and above are legally entitled to represent themselves in family matters.

As a result, the court ruled that the mother lacked legal standing to pursue claims on his behalf and dismissed all related demands.

The court also rejected the mother’s financial claims — including requests for maintenance payments, school fees, domestic staff, and a new vehicle — finding that they were directly linked to the custody issue, which had already been conclusively decided.

In its reasoning, the court noted there was no new evidence or change in circumstances that would justify reopening a case already resolved by final judgment.

During preparatory hearings, the court directed the defendant to provide financial disclosures including salary records, bank statements, and a list of assets. The documents revealed ownership of six vehicles and a personal bank account with a local financial institution.

The court ruled that all claims concerning the elder son were dismissed, citing the mother’s lack of legal standing to act on his behalf. Requests to regain custody were also rejected, as the matter had already been conclusively decided in previous rulings. All financial and related demands were denied. The plaintiff was ordered to pay the court fees along with Dh 500 in legal costs.