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Ras Al Khaimah Court of First Instance stripped a mother of the custody of her 17 year old son and granted it to the father, terminated the mother’s right to his alimony, and rejected the father’s request to strip the mother of the custody of another son, 12 years old.
Lawyer Abdullah Salem Al Zaabi, representing the plaintiff father, explained that after his divorce from the mother, the father filed a lawsuit to prove that the children’s grandmother residing with him can care for them. Al Zaabi added that the Personal Status Law stipulates that if a son or daughter reaches fifteen, he or she has the right to choose to reside with one of their parents, unless his or her interest requires otherwise.
In one of the sessions, the 17-year old son was given the choice of staying with his father, and he chose his father since he was unmarried.
The mother’s lawyer submitted a memorandum requesting the court to rule on the inadmissibility of the case, due to a previous final judgment confirming the mother’s custody of the children, in which the plaintiff waived the case and the request to strip the mother of custody.
The mother also submitted copies of a report confirming that the plaintiff had brain surgeries and needs someone to take care of him, along with a medical report explaining his health condition, demonstrating that the conditions for custody are not met by him.
