Divorce and Guardianship (Wisaya): Who Holds Decision-Making Power?
Guardianship (wisaya) means legal supervision over the child's affairs such as education, travel, medical treatment, and managing finances. It differs from custody (hadana), which relates to daily care. Guardianship often remains with the father under UAE law, unless there are strong reasons to transfer it. The court verifies the child's best interest before any decision.
1) **Meaning of Guardianship After Divorce**
Guardianship (wisaya) means legal supervision over the child's affairs such as education, travel, medical treatment, and managing finances. It differs from custody (hadana), which relates to daily care. Guardianship often remains with the father under UAE law, unless there are strong reasons to transfer it. The court verifies the child's best interest before any decision.
2) **Difference Between Custody and Guardianship**
Custody means daily care for the child, while guardianship means making crucial decisions. The mother may have custody, and the father may have guardianship at the same time. The court verifies each party's ability to perform their role. This separation is important for distributing responsibilities.
3) **Transfer of Guardianship After Divorce**
Guardianship may be transferred to the mother if the father is unable to make decisions or poses a risk to the child. The court verifies the evidence before ruling. Guardianship may be assigned to a relative if circumstances warrant it. The criterion of "the child's best interest" remains the foundation.
4) **Decisions Included in Guardianship**
Guardianship includes decisions regarding education, medical treatment, travel, and managing the child's finances. The court monitors the guardian's commitment. It may oblige the guardian to inform the other party of important decisions. This role is a significant responsibility.
5) **Effect of Guardianship on the Child**
Guardianship ensures the protection of the child's legal interests. The court verifies that the guardian makes decisions in the child's best interest. Guardianship may be revoked if misused. The child remains the priority.
6) **Role of the Legal Consultant**
The legal consultant helps determine the appropriate type of guardianship. He also submits evidence to the court. He ensures the protection of the child's rights. He provides a legal plan to expedite the ruling.
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