Dubai: A Malaysian father has won an appeal in Dubai against an order to hand over his daughter to her mother for return to Malaysia, after the court found that a crucial document required to enforce the foreign custody ruling was missing.
Dubai Court of Appeal overturned an earlier decision allowing the Malaysian judgment to be enforced in the UAE, ruling that the mother had failed to submit an official certificate proving that the custody ruling was final and binding under Malaysian law.
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The September 29 ruling centred on whether the Malaysian custody judgment met the legal requirements for enforcement in the UAE. The court stressed that its decision did not determine which parent should have custody of the girl, who currently lives with her father in Dubai.
The father, represented by Amal Al Rashedi Lawyers and Legal Consultants, challenged the enforcement order, arguing that the mother had not provided the documents required under UAE law to enforce a foreign judgment.
The appeal court accepted his argument, ruling that the mother had failed to submit an official certificate from the Malaysian court or another competent authority confirming that the custody judgment was final and legally binding.
