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The issue of visitation is one of the most complex and sensitive matters in the UAE Personal Status Law, where the human aspect intersects with legal regulations. To shed light on this matter, we will discuss some fictional stories that reflect real challenges faced by individuals in their daily lives and how the law can provide effective solutions to these challenges.
The Story of Fatima and Abdullah: Ongoing Conflict
Fatima and Abdullah were married for over ten years before deciding to separate. They have two children, Sarah (8 years old) and Mohammed (6 years old). After the divorce, Fatima gained custody rights while Abdullah was granted visitation rights. However, the visitation issue became a continuous battleground, as Fatima often refused to cooperate with Abdullah in setting visitation schedules, citing the children’s busy schedules with school and other activities.
The Story of Marwa and Ahmed: The Distant Gap
Marwa moved to Dubai for work after separating from her husband Ahmed, who remained in Abu Dhabi. They have one son, who is five years old. Marwa faced difficulty in organizing regular visits for her son to see his father, as the distance between Dubai and Abu Dhabi posed a significant challenge, especially with her busy work schedule. Ahmed felt frustrated by his inability to spend enough time with his son, which noticeably affected their relationship.
The Story of Khalid and Nora: The Impact of Conflicts on the Child
Khalid and Nora separated after seven years of marriage, and they have a young daughter named Lina, who is four years old. Lina began to suffer from psychological disturbances due to the constant arguments between her parents over visitation rights. Every time Khalid came to see his daughter, fierce arguments would erupt between him and Nora in front of the child, increasing her anxiety and negatively impacting her psychological state.
Legal Solutions to Visitation Issues
The UAE Personal Status Law recognizes the challenges associated with visitation and provides a legal framework designed to address these challenges effectively, with the child’s best interest as the highest priority.
1. Judicial Intervention in Case of Conflict
As in the case of Fatima and Abdullah, the UAE law grants courts broad powers to intervene when visitation conflicts become a source of continuous tension. The court can establish precise schedules for visits, along with enforcement mechanisms to ensure both parties adhere to the agreed terms. In cases where the mother refuses to cooperate without reasonable justification, the court may impose legal penalties, including adjustments to custody arrangements if it serves the child’s best interests.
2. Flexible Arrangements for Geographical Distance
In the case of Marwa and Ahmed, the law offers flexible solutions that consider geographical challenges. The court may arrange extended visits during long vacation periods to compensate for the lack of weekly visits. Additionally, virtual meetings via video calls are allowed, enabling the distant parent to maintain a close and sustainable relationship with their child.
3. Protecting the Child from Psychological Tensions
In Khalid and Nora’s story, the UAE law plays a crucial role in protecting the child from the negative psychological impacts of family conflicts. The court may order visits to take place in neutral locations, such as centers specifically designated for supervised visitations, where visits can occur in a safe, tension-free environment. In more complex cases, the court may seek the assistance of psychological experts to provide recommendations on arranging visits in a way that protects the child’s mental health.
Visitation in UAE Law: Towards a Fair and Sustainable Balance
Through these stories, we can see how the UAE Personal Status Law addresses the complexities that may arise in visitation matters. The law provides a balanced framework that seeks to achieve justice between parents while ensuring a healthy and stable environment for the child. The law equips the court with the necessary tools to intervene when needed while maintaining sufficient flexibility to meet the individual needs of each case.
The UAE Personal Status Law demonstrates a deep commitment to protecting the child’s rights and ensuring that visitation is a positive and fruitful experience for all parties involved, thereby enhancing family stability in the post-divorce stage.
For more information, you can contact the best visitation lawyer in Ras Al Khaimah, Dubai, Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, and Fujairah
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