Decision of the Chairman of the Judicial Department No. (10) of 2022 Concerning the Regulation of Visitation of Children in Custody

Decision of the Chairman of the Judicial Department No. (10) of 2022 Concerning the Regulation of Visitation of Children in Custody

The Chairman of the Judicial Department,

Having reviewed Law No. (1) of 1974 regarding the reorganization of the government apparatus in the Emirate of Abu Dhabi, and its amendments;

And Federal Law No. (28) of 2005 concerning Personal Status, and its amendments;

And Law No. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi, and its amendments;

And Federal Law No. (3) of 2016 concerning child rights 'Wadeema';

And Cabinet Decision No. (52) of 2018 concerning the executive regulations of Federal Law No. (3) of 2016 on child rights 'Wadeema';

And the organizational regulations of Federal Law No. (11) of 1992 concerning the Civil Procedure Law, issued by Cabinet Decision No. (57) of 2018, and its amendments;

And the Decision of the Chairman of the Judicial Department No. (45) of 2020 adopting the Post-Separation Charter document;

And the Decision of the Chairman of the Judicial Department No. (42) of 2021 forming a committee to prepare a detailed report on the applicant for custody or the person who will be awarded custody;

Has decided:

Article (1)

Definitions

In the application of the provisions of this regulation, the following words and phrases shall have the meanings assigned to each of them, unless the context requires otherwise:

The Emirate: The Emirate of Abu Dhabi.

The Department: The Judicial Department in the Emirate of Abu Dhabi.

The Chairman: The Chairman of the Department.

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The Council: The Judicial Council.

The Undersecretary: The Undersecretary of the Judicial Department.

The Court: The court competent to hear visitation cases.

The Judge: The enforcement judge.

The Authority: The authority tasked with enforcing visitation.

The Child in Custody: The child covered by custody and those in a similar situation.

The Custodian: The person awarded custody of the minor or the person who has the child in their care.

The Person Entitled to Visitation: The person entitled to visitation in the enforcement instrument being executed.

The Person Obligated by Visitation: The person obligated by visitation in the execution, who is the custodian or the person who has the child in their care.

Enforcement: Enforcement by the court or the authorized body.

The Enforcement Instrument: The document by agreement, attestation, judgment, settlement record, or other papers to which the law gives this capacity.

Visitation: A visit, being visited, escorting, or overnight stay as decided by the judge.

Post-Separation Charter: An agreement between the parents that includes a statement of the material and moral rights of the children in custody, issued by the decision of the Chairman of the Judicial Department No. (45) of 2020.

Visitation Center: The visitation center for children in custody.

Modern Means of Communication: Any digital means used for direct and indirect communication.

Article (2)

Persons Entitled to Visitation

The judge shall decide visitation for the following persons:

1. One of the parents in the event of their separation or disagreement while the marriage is still subsisting and one of the spouses leaves the marital home due to the dispute and custody is granted to one of them.

2. The unmarriageable relatives (mahram) of the child in custody if they do not reside with them in the same house, and if one of the parents of the child is deceased or absent, or if the child is with someone other than their parents.

Article (3)

Place of Visitation

1. The place where the visitation takes place must meet public safety requirements and be a suitable place that instills tranquility in the child.

2. The parties may agree to specify any place for visitation as long as the necessary conditions are met.

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3. In the event a place for visitation is not specified or there is a disagreement about it, visitation shall be implemented at a visitation center.

4. In all cases, both the custodian and the person entitled to visitation must hand over the child in a presentable state.

5. Visitation of the child in custody is prohibited in police stations or correctional and punitive institutions, unless one of the parents is an inmate therein. In this case, a suitable place must be available that meets the conditions stipulated in clause (1) of this article.

6. The court or the judge may authorize a person with an interest to communicate with the child in custody via modern means of communication, and shall specify the manner, timing of this procedure, and who is responsible for its implementation.

Article (4)

The Undersecretary of the Department may assign the implementation of visitation to one of the authorities concerned with family or child affairs.

Article (5)

The authority responsible for implementing visitation shall do the following:

1. Prepare a register in which the enforcement case number, date of registration, names of the parties, their nationalities, and a summary of the enforcement instrument are recorded.

2. Open a special file for each case, showing the register data, in which the letter from the enforcement judge and a certified copy of the enforcement instrument are deposited.

3. Fill out a form recording the names of the custodian, the child in custody, and the person entitled to visitation, their addresses, a summary of their social status, and a report on the child's condition. The parties shall sign attesting to the correctness of this data, especially regarding communication with them, which is considered approved for this purpose. The authority shall be notified of any change in the data.

4. Meet with the parties and explain the assigned task, the procedures followed for visitation, their role in it, and ascertain the condition and circumstances of the parties and any reasons or opinions they present that may help ensure the continuity of visitation.

5. Prepare a visitation record at its scheduled times according to the enforcement instrument.

6. Prepare a handover and return record for the child, clarifying the date and place of handover and return.

7. Submit periodic follow-up reports to the enforcement judge at the court, which include the extent of commitment by the custodian and the person entitled to visitation to implement the visitation ruling in its details, by clarifying the date, place, and time of handover and return for the child in custody.

8. Attest to the condition of the child in custody at the time of handover in the follow-up reports.

9. Attest to any dispute or obstacles that arise before it regarding visitation.

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Article (6)

The authority is prohibited from initiating any special procedure related to visitation except by a letter from the judge, accompanied by a copy of the enforcement instrument or the decision ordering its execution, or by a letter addressed to it from the judge specifying the contact numbers, email, data, and addresses of the parties.

Article (7)

Enforcement Instruments for Visitation

The right of visitation is established by one of the following enforcement instruments:

1. The judicial ruling issued by the Personal Status Chamber, whether the lawsuit was filed independently or in conjunction with other rights.

2. An order on a petition from the summary matters judge for whoever filed a visitation lawsuit or for whom the condition of urgency is met or who fears the loss of an interest, even if a lawsuit has not been filed.

3. Settlement records ratified in the Family Reconciliation and Guidance centers at the court.

In all cases, the enforcement instrument must be endorsed with the execution formula.

Article (8)

Refusal to Enforce Visitation

1. The ruling ordering visitation shall be enforced by force if the person who has the child refuses to implement it or if it is proven to the judge that the non-implementation of the visitation is due to the person obligated by it or their influence on the child, unless the refusal to enforce the visitation is attributable to the child.

2. If the refusal to enforce the visitation is attributable to the child, the judge shall assign the authority or a psychological or social specialist of their choice to meet with the child and the parties to the visitation to understand the reasons for the refusal to enforce the child's visitation, how to address them, and to develop a plan and provide guidance that they believe serves the interests of the visitation parties. In all cases, the child's best interests shall be considered, and the report shall be submitted to the judge to decide as they see fit.

Article (9)

1. The court, the judge, and the family counselor, as the case may be, must consider the child's condition, the custodian's circumstances, the visitation seeker's circumstances, and the working hours of the supervisors of the visitation. In case of conflict, the child's interest shall prevail.

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2. The type, time, duration, and place of visitation must be specified in detail, as well as who is responsible for bringing the child and the transportation costs, if any, and who is obligated to pay them, taking into account the distance between the child's place of residence and the person entitled to visitation and the place of visitation.

Article (10)

1. The judge may offer reconciliation to the enforcement parties and may ratify the reconciliation records reached between the parties regarding the manner of executing the enforcement instrument, even if such reconciliation contradicts the enforcement instrument or the decision being executed, provided that it does not prejudice the interest of the child.

2. The judge may modify the times and places of visitation, visits, and escorting mentioned in the enforcement instrument whenever the need arises and in a manner that serves the interest of the children, either at the request of one or both parties or the body organizing the visitation process.

3. The judge's decision for modification is appealable by a petition submitted to the president of the court or his delegate, other than the judge who issued the decision, within seven days from the day following its issuance for the person in whose presence the action was issued, and from the date of its notification for the person against whom the action was issued in their absence.

4. The judge before whom the appeal is filed may, by a decision, cancel or amend the appealed decision as they see fit without the need to summon the opponents, unless they deem it necessary.

5. If the judge before whom the appeal is filed refuses the modification or change, the affected party may file a substantive lawsuit with their request, attaching evidence of the judge's refusal.

Article (11)

The court or the judge may seek the assistance of the authority or any psychological or social specialists it deems appropriate when considering a lawsuit to organize visitation, to clarify the condition of the parties and the child and what is suitable for them in terms of the number of visitation times, their duration, or escorting. They may recommend what they believe achieves the interest of the parties, taking into account the child's interest.

Article (12)

The parties must adhere to the time, duration, and place specified for visitation, whether determined by a judgment, agreement, or order.

Article (13)

Parents must adhere to the parental duties stipulated in the Post-Separation Charter during visitation to strengthen the bond between the children and the person seeking visitation.

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Article (14)

Controls for Implementing Visitation

1. The person entitled to visitation is not allowed to take the child outside the place designated for visitation, unless the enforcement instrument provides for it or the judge decides so.

2. If it is decided that the child will be escorted for visitation outside the designated place, the authority responsible for organizing the visitation must document this in a record of handover and return of the child, stating the date, time of handover and return, and the child's condition.

3. The authority may prevent the person obligated by visitation from staying in the place designated for visitation if their presence would impede the implementation of the visitation.

4. The authority may refuse to implement the visitation order if it becomes apparent that the person entitled to it is in a state that does not inspire confidence in the child's safety, and it shall immediately report the matter to the judge in a refusal record, stating the reason and grounds; for the judge to take appropriate action.

Article (15)

1. If the custodian or the person entitled to visitation is unable to implement the visitation at the scheduled time, they must notify the judge or the authority at least two days before the visitation date with a request explaining the reason. The judge shall decide on the matter as they see fit, unless the other party accepts the reason, in which case they must state their acceptance in writing, a copy of which is attached and submitted to the judge.

2. If the custodian and the person entitled to visitation agree to postpone it, they must document this before the judge or the authority. The authority is obligated in this case to document it in a record, which is kept in the parties' file, and the matter is reported to the judge.

Article (16)

Breach of Visitation Implementation

1. If the custodian obligated by visitation fails to adhere to implementing it at the specified time, this shall be documented in a record, stating the number of times they were late in implementing the visitation or a violation by one of the parties of the agreement, with a statement of the breaching party. The authority shall submit a report to the judge to compensate the person entitled to visitation for the delay, as deemed appropriate.

2. If the person entitled to visitation is late in implementing the visitation, or if both parties cease to implement it for three consecutive times, the authority or the parties must present the matter to the judge to decide to temporarily suspend the visitation, and either of them may request the resumption of the execution.

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3. If the person entitled to visitation is one hour late in picking up the child for an overnight stay from the authority without prior notice, the authority may permit the person obligated to take the child, document this in a report, and submit it to the judge.

4. If the breach is on the part of the custodian, it is considered a breach of the condition of trustworthiness and is taken into account when requesting the revocation of custody. If the breach is on the part of the person entitled to visitation, the judge may prevent them from visitation for a specific period.

5. If the person entitled to visitation refuses to return the child after the visitation period ends, this shall be documented in a report from the visitation center and submitted to the judge to compel them to return the child by force.

6. In any case, the judge shall consider the best interests of the child.

Article (17)

This decision shall be effective from the date of its issuance and shall be published in the Official Gazette.

Mansour bin Zayed Al Nahyan
Chairman of the Judicial Department

Issued on: 13 Rajab 1443 H
Corresponding to: 15 February 2022 AD

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Schedule for Organizing Visitation for Parents

Child's Age	Type of Visitation	School Days	Eid al-Fitr and al-Adha	School Holidays	Place of Visitation	Remote Visitation
Less than two years	Visitation only without escort	One or two days a week, not exceeding two hours	Second day of Eid, not exceeding two hours	One or two days a week, not exceeding two hours	Visitation center closest to the child's place of residence or at their residence	None
Two to four years	Visitation with escort only	One or two days a week, from two to five hours	Second day of Eid, from two to five hours	One or two days a week, from two to seven hours		Not exceeding a quarter of an hour once a month
More than four years	Visitation and escort with permission for overnight stay	One or two days a week, from five to eight hours	Second day of Eid, from two to five hours, escort without overnight stay	One or two days a week, from five to eight hours		Not exceeding half an hour once every two weeks

Schedule for Organizing Grandparents' Visitation with Grandchildren

Child's Age	Relationship	Type of Visitation	Time of Visitation	Place of Visitation	Remote Visitation
Less than two years	Grandparents (paternal or maternal)	Visitation without escort	Once or twice a month, not exceeding two hours	Visitation center closest to the child's place of residence or at their residence	None
Two to four years		Visitation with escort	Once or twice a month, not exceeding five hours with permission for escort		Not exceeding half an hour once a month
More than four years		Visitation with escort	Once or twice a month, not exceeding seven hours with permission for escort		Not exceeding half an hour once a month

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Schedule for Organizing Visitation of Unmarriageable Relatives (Mahram) with the Child in Custody

Child's Age	Relationship	Type of Visitation	Time of Visitation	Place of Visitation	Remote Visitation
Less than two years	Uncles and Aunts (paternal and maternal)	Visitation without escort	Three or four times a year, not exceeding two hours	Visitation center closest to the child's place of residence or at their residence	None
Two to four years			Three or four times a year, not exceeding five hours		Not exceeding one hour once a month
More than four years			Three or four times a year, not exceeding seven hours		Not exceeding one hour once a month