Summary
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Course of Action in international child abduction cases
International child abduction is a grave issue having serious implications. The minors involved in such cases are affected the most. They undergo extreme emotional trauma and distress. Likewise, the parents also suffer during this process.
The legal proceedings require time, patience, and a lot of finances. When children are retained without the consent of their custodian and taken to a foreign location, then international laws come into play. Consequently, the case file becomes complex to defend and judge.
Legal Systems
The legal system expertly caters to child abduction done at an international level. It has clearly defined rules for safeguarding the interests of the victims in such a case. If anybody faces the turmoil of international child abduction, then the following course of action must be adopted to deal with it. The first primary step undertaken by the victimised spouse is to hire family lawyers.
Legal Representation
These advocates are essential to legally represent you in the court of law or before any related legal body. These lawyers also defend your case before a judge to win over the custody of your child as well as bring him back home safe and sound. In this case, a home signifies the native country. The second step taken after facing child abduction trauma is to file a custody case in the courts, dealing with family issues.
According to Law
According to Law, after the divorce, the custody of the child goes to the mother. If the child is a girl, then the mother can keep her till she turns 13 years of age. Whereas, if the child is a boy, then he is to remain with his mother till he reaches the age of 11. This law is applicable when both parents are Muslims by religion.
The third step involves the application of a travel ban on the children on an urgent basis in scenarios when they are abducted by either of the spouses and are attempting to be flown out of the country.
However, the court holds the power to sanction the ban or not, based on the case criteria and interest of the child. Laws are changed with the passage of time; therefore, there is a possibility that laws will be amended or replaced in future. It’s better to consult the professional lawyers first.
Compensation Claims in Divorce
A divorce settlement can be very expensive due to the high fees of highly reputed lawyers, along with the compensation claims demanded by the wife from her husband. Therefore, the husbands take the help of highly recommended divorce Lawyers to help them find a legal solace while settling a divorce.
This helps them in paying less than they possess and gives them a relief of a not-so-costly divorce settlement. Husbands use the following preventative methods to avoid paying hefty settlement claims made by their wives.
Decisions by Court
The court decides the compensation amount paid by the husband based on his earnings and liabilities. The husband thus tries to use those tactics which show greater liabilities and less income to minimise the compensation amount. Taking loans is one such brilliant idea. By applying for loans, the bank statement shows an upsurge in liabilities.
Husband’s claim of liabilities
Consequently, it validates the husband’s claim of inability to pay hefty amounts in compensation. Secondly, the husbands transfer their income to either the parent’s account or any of the dependent younger sibling’s bank accounts.
According to the law, a person becomes obligated to provide for their parents or siblings financially if they need it. By opting for this strategy, the husband is again able to show a lower income.
As a result, the settlement amount becomes less, keeping his income ratio in mind. However, this transferring of funds needs a witness to validate the transaction before the judicial bench. Thirdly, husbands adopt the tactic of proving that their wife earns much more than him. They try to convince the judge that the wife can support herself financially and does not need any compensation amount.
False Allegations and Legal Systems
Therefore, her claim should be declared null and void. Fourthly, husbands use a very traumatizing scheme to ward off any financial claims. They try to make false allegations regarding criminal charges against their wife.
The legal system has strict rules and regulations regarding such offences to curb crime. Therefore, this ploy forces her to drop off any remuneration claims to be done by the husband in a divorce proceeding or in the other case, face the criminal consequences.
Such Cases in UAE
The Lawyers in Dubai, we are all well aware that the best Lawyers in Town are known as trusted lawyers, are available at affordable costs to help out the people living in the UAE with domestic and family issues. The Local population which is only 10% of the total population is not apart from this. The local Population is completely Muslim; therefore, the Sharia Law is implemented on them. Even though you are expatriates and living in the UAE then there is no worry for the people living here from other countries.