(MENAFN- Khaleej Times) The new Wadeema child protection law is being put to practical use, as the Sharjah Sharia Court has called on its judges presiding over child custody cases to take the law into account.
The new resolution was issued by Judge Salim Ali Mattar Al Hosni, Chief of Sharjah Court, pursuant to Article 39 of the UAE's Child Protection Law No 3, which states that the child's physical and mental interests are the only criteria that matters while deciding in a child custody case. The Court has asked the judges to submit a detailed report of the social, psychological and criminal status of the person demanding custody of the child - or alternatively, of the one who will be granted custody. Legal and social experts consider that taking the above factors into account before granting child custody will play a vital role in protecting child rights. The presence of psychological and social experts at the court sessions and hearings will be made mandatory, to observe all the circumstances of the case and assist the judge in taking the final decision. The UAE's new Child Protection Law No 3 - popularly known as the Wadeema Law - came into effect last month, in line with the directives of Shaikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs, who is also chairman of the Abu Dhabi Judicial Department. 'Child's best interests foremost in custody cases'
According to Ahmed Ibrahim Al Tartoor, administration manager for Protection of Children's Rights at Sharjah Social Services Department - in his lengthy experience working for children's issues - the child is always the aggrieved party in the midst of his or her parents' disputes. Parents use children as a means of settling disagreements and to put pressure on the other partner, especially in divorce cases, he noted. Al Tartoor also said that the couple involved must be assessed by legal, social and health officials, to help the Family Court decide which partner is better suited for child custody. As often seen in the past, after the parents' separation, the child is caught in the verbal warring and disagreements between them, which results in a tendency to develop dysfuctional and undesirable character traits like lying and other bad behaviours in young children. Presenting another angle to the new ruling, lawyer Dr. Sultan Muezzin said that adopting the Wadeema law now covers up for the lack of psycho-social and criminal assessment reports of the parents, which are mandatory in other Arab countries for all custody disputes. He recommended that two social workers always attend the custody trials and give their assessments. Lawyer Yusuf Al Bahr said that according to the law, the right party for child custody will also be determined after verifying their sound mental health, and their ability to keep the child's best interests in mind at all times. Al Bahr noted that the Wadeema law is an investment in securing the future of the new generation, and ensuring their upbringing in a stable environment and creating good and happy members of society. Its application in legal issues will also reduce the large number of custody cases and the resulting negative consequences on children. The Wadeema law is a lifeline for children, protecting them, giving them immunity from disastrous parenting, and ending the plight of children that you see in court corridors every day, he stated. It's an additional achievement in improving the quality of life in the UAE. The country's judiciary will thus play a pivotal role in protecting the interests of the child, including facilitating their upbringing in a suitable atmosphere, experiencing full physical and mental wellbeing, and enabling their growth into well-rounded adults and members of society. Amira Agarib