Alexandra Tribe, co-author of Family Law Jurisdictional Comparisons 2nd Edition

PRESS RELEASE

 

Family Law Jurisdictional Comparisons 2^nd Edition Published

 

Alexandra Tribe of Expatriate Law division of Al Rowaad Advocates Contributing Author for the United Arab Emirates

 

46 Core Jurisdictions Covered in this Seminal Publication

 

Contributions from Leading Family Lawyers throughout the World

 

 

August 2013

With a rise in the geographical mobility of families and the number of international marriages, the consequences of marital breakdown increasingly have a cross-jurisdictional dimension. It is important for clients and practitioners alike to be aware of the complexities involved in dealing with international family law issues. In light of this background, we are pleased to announce the publication of Family Law Jurisdictional Comparisons (2^nd edition), published by European Lawyer/Thomson Reuters.

The unprecedented success of the first edition of Family Law Jurisdictional Comparisons, published in 2011, is indicative of the growing importance of international family law and the huge appetite amongst family lawyers for a definitive guide to family law in core jurisdictions around the globe. 

Alexandra Tribe an international family lawyer, was invited to author an analysis of the family law of the United Arab Emirates for the second edition of Family Law Jurisdictional Comparisons, which is now available to purchase from all Thomson Reuters and Sweet & Maxwell websites and from leading bookshops throughout the world.

On this, senior partner Hassan Elhais stated, "The publication of the analysis of the family law of the United Arab Emirates in the 2013 Family Law Jurisdictional Comparisons is a testament to the expertise of our firm's contributing lawyers."

Family Law Jurisdictional Comparisons has become the “must-have” publication for all family and divorce lawyers throughout the world who require a comprehensive and practical guide to the key components of family law across a multitude of major jurisdictions. It is also a tremendous resource for family office advisers and those professionals who advise international families.

Cases involving conflict of laws and questions about the application of foreign law are becoming increasingly common and many international family law issues such as the recognition of same-sex marriages, surrogacy agreements and pre and post-nuptial agreements have been hotly debated in the press and in wider society. Similarly, developments such as the Japanese government’s decision to ratify The Hague Convention on the Civil Aspects of International Child Abduction, and Russia’s recent ratification of the Convention, have come about following years of domestic and international campaigning. Against this background, Alexandra Tribe and her fellow authors felt that it was vital to provide family law professionals with a second, definitive, edition of Family Law Jurisdictional Comparisons which includes 16 new jurisdictions as diverse as Bermuda, Canada, Chile, Malaysia, Monaco, Spain and the United Arab Emirates. 

Family Law Jurisdictional Comparisons provides an update on the issues covered in the 2011 first edition, such as jurisdiction and conflict of laws, financial arrangements, children, cohabitation and marital agreements, and introduces new topics including surrogacy, adoption and alternative methods of dispute resolution. Comparing different laws across 46 jurisdictions, the book examines the varying details, solutions and problems of controversial family law issues.

According to Alexandra Tribe “This publication is the culmination of what has been a substantial research project and I am proud to see the finished result. Our objective was to provide the reader with a simple and accessible guide in which those at the very forefront of their fields highlight the different family law issues which are defining and changing our society around the world.”

Alexandra Tribe continued, “There has been a phenomenal increase in the number of family law cases with an international element, and there is no evidence that this growth will abate any time soon. The trend is partly caused by the growth of truly ‘international cities’ such as London and New York, but also by the myriad of international conventions that govern issues such as child abduction. Against this backdrop, I felt it was essential to provide family law practitioners with an up to date, and improved, comprehensive resource book.”

“By again adopting the Q&A format for each chapter, the aim has been to take what are, at times, emotive subjects, and give them a clear and logical response which could aid any international practitioner”, Alexandra Tribe concluded.

Reviews of Family Law Jurisdictional Comparisons

“This supremely practical book provides basic information on international family law operating in no less than forty-six jurisdictions.  The General Editor was particularly astute to ensure that all these jurisdictions adopted the same template for their presentations. In this busy world the provision of basic legal information in an easily digestible form is what we all seek”.

Lord Justice Thorpe, Head of the Office of International Family Justice

"Truly a 'comparative overview' as the foreword claims - same questions posed to each jurisdiction - and, as such, truly indispensable to all international family lawyers."

Tim Amos QC (Queen Elizabeth Building)

“This publication will be a tremendous resource for all family lawyers... The fact that the information is provided by so many Fellows of the IAML, who have the knowledge and expertise to identify and favourably resolve international issues, contributes significantly to its value."

Cheryl Hepfer, President of the IAML

 

To purchase the book, please visit the Thomson Reuters/Sweet & Maxwell website:

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=610526&recordid=5483

Interview with Alexandra Tribe on Dubai Eye Radio

Alexandra Tribe provides advice on Children Law in the United Arab Emirates to Dubai Eye Radio 103.8. 

Listen here:

 

http://dubaieye1038.com/page/Eye_on_the_Emirates_03.06.2012/26201?feed=8

Resolving Family Matters without hostility

If a separation or divorce is inevitable, keeping the process non-confrontational is likely to ease the transition and lead to longer lasting solutions. In fact, very few couples need to involve the court and there are other options such as Mediation, Collaborative law and Family Arbitration that may make the process of separation or divorce less difficult.

Mediation is not a form of relationship counseling or intended to help a couple get back together but rather a way to help couples who are separating decide how to end their relationship without increasing levels of hostility. In the mediation process, you and your partner along with a trained and neutral mediator will discuss important matters in relation to money, children and other consequences of the separation. The goal is to reach a fair solution tailored to your own circumstances.

Collaborative Law lets you talk through the issues you need to solve your partner, each having a specially trained lawyer by your side. It is an attempt to try and resolve issues without going to court in which everyone signs an agreement to underline their commitment to this cause. Your collaborative lawyer will not be able to represent you in court, should negotiations break down. This assures that all parties involved will try their best to reach a solution out of court.

Family Arbitration is a new method of alternative dispute resolution. Arbitration is a means by which you and your spouse can resolve your finances and property issues without the expense of court proceedings. Both you and your partner must agree to use arbitration but once an arbitrator has been appointed, you will not be able to back out without your partner’s agreement. The arbitrator will give a binding ruling, known as an “award” after reviewing all the evidence and facts and taking into account your views on what you think should happen.

Our lawyers at Expatriate Law (www.expatriatelaw.com) would be happy to discuss and assist with any of the above methods of alternative dispute resolution. Our lawyers are committed to assisting you resolve your family law matters without delay, hostility or unnecessary cost.

This article has been prepared in support of Family Dispute Resolution Week. Please refer to www.resolution.org.uk for further details or contact our Resolution Accredited solicitor at Alexandra@expatriatelaw.com.

Custody and Guardianship rights in the UAE

 


The applicable law in relation to children matters in the United Arab Emirates is the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law). The fundamental basis of these laws, is that decisions made in respect of a child should be based on what is in the child’s best interests. 

An interesting facet of custody laws in the UAE is the different roles assigned to mothers and fathers, being the ‘custodian’ or ‘guardian’. A guardian of a child financially maintains the child, makes important decisions about the child’s education and upbringing, and generally takes care of the child’s affairs.[1] The custodian, on the other hand, is concerned with the child’s day to day life. The custodian has actual, physical custody of the child on a day to day basis, and must raise and take care of the child.[2] It is possible for one parent to play both roles. Most often the mother is awarded custody of children up to a certain age, whereas the father is always considered the guardian. However, the Court has discretion to make orders that are in the child’s best interests. 

Under the laws of the UAE, custody would be withdrawn from the mother is she is deemed ‘unfit’ to be the main carer of the child. To be deemed as a fit custodian, the mother should fulfill a list obligations, including being of sound mind, honest, mature, capable of raising a child, free of an infectious disease, and must not have been sentenced to a serious crime.[3] If an allegation is made by the father that the mother is an ‘unfit’ custodian, the Court will undertake an extensive investigation in to the allegations using statements, witness evidence or the instruction of an independent expert, who may be asked for example to report on the mother’s mental health. The decision as to whether a mother is an ‘unfit’ custodian is not one that is taken lightly by the Court. Notwithstanding the allegations made or evidence provided, the Court will make a decision based on what is fundamentally in the best interests of the child involved.  Certain laws even specify that a custodian must be of the same religion as the child[4]; nevertheless, courts must not adhere to that condition if the interests of a child are best served with a custodian of a different religion.[5]       

The statutory provisions provide clear guidance on the mother’s custody rights. Article 156 of the Federal Law No. 28 of the year 2005 (UAE Personal Status Law) states that the custody of a child should go to the mother, until 11 years of age for a boy and 13 years of age for a girl. In that same clause, the law sets out that this circumstance can change if the court determines something else is best for the child.[6] A recent case concerning child custody reached the Supreme Court of Abu Dhabi.  This case involved a young girl of 13 years, who lived with her mother, the custodian, and was due  to be returned to the guardian, her father, in accordance with Article 156. After months of trials, hearings, and appeals, the Supreme Court of Abu Dhabi did not grant the father custody of his daughter. Though this goes against Article 156, the court found it would be in the best interests of the young girl to stay with her mother until she is married.[7] This case exemplifies the Court’s discretion to make orders that best meet the needs of the child.

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[1] Article 148 of the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law).

[2] Article 142 of the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law).

[3] Article 143 of the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law).

[4] Article 144 of the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law).

[5] Article 145 of the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law).

[6] Article 156 of the Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law).

[7] Dajani, Haneen. "Girls 'Should Stay with Mothers Until Marriage'" The National. Abu Dhabi Media, 18 May 2012. Web. 06 June 2012. <http://www.thenational.ae/news/uae-news/courts/girls-should-stay-with-mothers-until-marriage>.