I can't convince him!!!! PLEASE HELP - CUSTODY ISSUE UNDER SHARIA LAW

Thank you summerdream! PS - The one case I know of (not directly) where both parents died, they allowed the child to stay with their family friends (not related). As the child seemed comfortable, they really don't throw kids in orphanages. I have assigned a family member who stays in the UAE too in case their father and I were to die. Have put those papers along with divorce file in Dubai courts and kept a copy at home.

Thank you so much for this information! I am glad everyone is pitchin in with your own experiences, which is what we were hoping for. Thank you all. I have been here all of my life and unfortunately seen a few expat families (different nationalities) loose the male head of household. Not a single one has issues with child custody. As someone else has stated here its if both parents die and even then its only temporary till someone from the family flies in. Yes, your husband is right - your worry is paranoia. When it comes to money, wills done properly are very important

Thank you....I agree with you and that was the impression I had after my research, it IS very serious, but somehow for the life in me I am not able to convince my DH that there's even an issue there!!!! So I thought that by having some real case descriptions I would somehow have tangible evidence to convince him that he should look into having some professional advice.....sounds so stupid for me to even try this as a last resort, as it is obvious to me! But what may be obvious for me in most cases it is not for him (but that's another story...):(:(:( Why men have to be so stubborn and blame everything on us? Anyway thanks for the advice, I am not going insane after all. Clairehdp wrote: If you are both non Muslim then you are not subject to sharia law. This statement is not true, As I understand it, the estate can be administered under Sharia law whether muslim or not, which is why it is so important for expats to sort out wills here ! I would hate to lose everything we as a family have worked for, to family members... wether /how this extends to children i don't know, but [u'>[b'>seek professional advice/counsel![/b'>[/u'> I would not take the opinions of the ladies on this forum however well informed, on a matter which is so serious. edited by Sage & Onion on 17/08/2011

Yes I would love that, but have yo ever heard of any expat who had her children taken from her in that circumstance? [color=#000000'>Hi, sorry no, and I believe ClaireHDP is right this is only occurs when both of you die not, but even so on these roads I would get yourself covered! Karen's email is:- karen at expatwills.net[/color'> edited by pollydxb on 17/08/2011 Thanks pollydxb... If anyone else would like to add a real case , please feel free....I thnk it's not only important for me but for all of us who are thinking about getting this paperwork done and wondering f it's really necessary!!!! Thanks ladies

If you are both non Muslim then you are not subject to sharia law. A person I know lost her husband last year and her children stayed with her and I'm pretty sure she had no mention of this in her will. The only time the children will be put into care is if you both died (ie in car accident) this is when you need to have done a temporary guardianship naming who would look after the children until such time as your children's guardians from your home country can get over to Dubai to take over permanent care. This is. Legal document and very few expats realise the implications if they dont have this. My understanding is that it can take weeks to get the children out of care but by having this in place your children are well cared for and looked after until your family can come over and ake over their care. Thank you for clarifying that...

I know of one unfortunate couple where the husband was killed in a road accident. They had one daughter; this never even came up as a suggestion from anyone - let alone happened. I worked with her and amongst all the grief and things she had to contend with this was not one of them. They couple were European, non- muslim. Thank you....

Hi, you are absolutely correct, unfortunatey being a new expat can sometimes make you start believing things with a pinch of salt, because there are so many Dubai rumours, whicha re rubbish. This however is true, your husband is the ruler "the man" of the family, and you are basicially nothing and your children will be removed, if anything should happen to him and all is in his name, unless it is documented. My friend Karen, who is a mother herself, works with Expat wills on a regular basis and can help you add these bit in, let me know if you would like her email address, she could definitely put your mind at ease. Yes I would love that, but have yo ever heard of any expat who had her children taken from her in that circumstance?

are you Muslim? No we are not Muslim.

Ladies, I need your kind help for my own sanity. My husband and I had a will done before our move to Dubai but it does not mention custody of our children to be given to me (as obviously it is assumed back home, a non-muslim contry, that custody is given to the surviving parent automatically). I have mentioned this in another post. I tried, and tried, and tried to explain AND SHOW WEBSITES to my DH about the issue with losing custody of the kids under Sharia's law, and custody being giving to the husband's father or older brother, in case something happens to him. (In our case, it would be his older brother, but he lives back home so my fear is that the kids would be taken to an ophanage!!!!!) He thinks all this is absurd and that I am overworrying and I should not believe everything I read on the internet blahblahblah, that no one would come to an expats family's house and take our kids to an orphanage if he dies, awaiting the arrival of his brother to claim custody. At the same time, he has been asking some ( non specialist!) people if anyone knows about this, including other expats, and they all have been telling him this is crazy and not true!!!!! I am very, VERY upset and frustrated with all this as my only intent is to prevent this scenario and protect our children. Like I wouldn't have other major things to worry about if he dies, I can only imagine the hassle, let alone the emotional rollercoaster myself and the children would be in!!!!! Would you be so kind in describing ONLY REAL CASES you might know of people who have had this situation? Obviously please refrain from using real names etc. and as we are interested in knowing exactly what would happen in my situation. Would you also be so kind and let us know if your husband had a will done with custody given to you in case of his death, and had it attested in Dubai ? Is all this hassle - and the cost involved - at all necessary? Please help ladies, I haven't slept all night. Thank you kindly, hope this thread helps other ladies in the same situation as myself. Please bump the thread if you see it "going away". MoT