Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
In the context of domestic abuse, particularly where children are involved, mothers in the UAE have robust legal avenues to protect themselves and their children. This protection is supported by Federal Law No. 28 of 2005 on Personal Status, Federal Decree-Law No. 10 of 2019 on Protection from Domestic Violence, and Federal Law No. 3 of 2016 on Child Rights (Wadeema Law). The legal framework ensures that any form of abuse is addressed with stringent measures to safeguard the welfare of children.
- Domestic Violence Definitions and Scope:
Federal Decree-Law No. 10/2019, Article 3: Defines domestic violence broadly, including physical (Article 5.1), psychological (Article 5.2), sexual (Article 5.3), and economic abuse (Article 5.4) committed by a family member against another. This includes actions that harm the physical or mental well-being of family members beyond the abuser’s authority.
Wadeema Law: Reinforces protection from abuse, emphasizing that children must be safeguarded from all forms of neglect, exploitation, and physical and psychological harm. It upholds a child’s right to live in a safe environment, free from violence, with priority given to their best interests (Article 3).
- Obtaining a Protection Order:
Federal Decree-Law No. 10/2019, Article 6: Provides for the issuance of protection orders by the Public Prosecution, upon request of the abused person or automatically. These orders can prohibit the abuser from harming or approaching the abused person, their personal property, or family members. They also ensure access to necessary personal effects and may include other protective measures deemed necessary.
Wadeema Law, Article 33: This law provides additional protective measures, where authorities are obligated to intervene if a child is in danger due to domestic violence. This may involve removing the child from the abusive environment or arranging for their care in protective custody.
- Legal Remedies under Personal Status Law:
Federal Law No. 28/2005, Article 122: Allows for divorce on grounds of harm or endangerment caused by the spouse, including abusive behaviour towards the children. This provision is important for seeking divorce from an abusive father to ensure the protection of both the mother and the children.
Wadeema Law, Article 20: Provides additional legal remedies by ensuring children have the right to protection from all forms of physical or emotional violence, both within the family and in care institutions. This strengthens the mother’s case when seeking custody or protection from an abusive father.
- Penalties for Violating Protection Orders:
Federal Decree-Law No. 10/2019, Article 8: Specifies penalties, including imprisonment for up to three months and/or fines ranging from AED 1,000 to AED 10,000, for violating protection orders. The severity of penalties increases if violence accompanies the violation, highlighting the state’s commitment to enforcing protective measures effectively.
Wadeema Law, Articles 36-38: Criminalizes various forms of abuse, neglect, and exploitation of children. Violators can face harsh penalties, including imprisonment, if found guilty of harming a child, further strengthening the legal remedy available to mothers.
Steps for Protection and Legal Action
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- Reporting and Seeking Assistance: Mothers experiencing domestic violence should promptly report incidents to authorities or seek help from support organizations. This initiates legal proceedings under the protection laws to safeguard their and their children’s safety. Under the Wadeema Law, authorities are mandated to respond to any reports of child abuse and take immediate action.
- Applying for Protection Orders: Mothers can apply for protection orders through Public Prosecution, detailing the abusive behaviour and providing evidence where possible. These orders offer legal protection and can be extended by court order if necessary. The Wadeema Law ensures that children’s well-being is prioritized in such proceedings.
- Divorce and Custody Arrangements: Utilizing the Personal Status Law, mothers can pursue divorce and custody arrangements that prioritize the children’s safety and well-being. Courts consider evidence of abuse when deciding on custody, often ensuring supervised visitation or restricted access for the abusive parent. The Wadeema Law, with its emphasis on child protection, ensures that the best interests of the child are paramount in any custody decisions.
Conclusion:
The UAE’s legal framework, integrating Personal Status Law, Federal Decree-Law No. 10/2019, and Wadeema Law, provides mothers with comprehensive means to protect their children from abusive fathers. By understanding their rights under these laws, seeking timely legal intervention, and utilizing protection orders and divorce proceedings where necessary, mothers can establish a safer environment for themselves and their children.