A custodial mother submitted a request to travel with her daughter to the Sharia Court of First Instance in Dibba Al-Fujairah, in order to spend a summer vacation with each other for a period of 28 days, while the defendant’s agent (the father) objected, on the grounds that he was deprived of seeing his daughter even though he had a ruling to see and spend the night, and he would attend. From another area in order to see her, demanding that his foster daughter be with him while her mother travels on vacation, and that he take her back upon her return.
The custodial mother decided on her request, based on the child’s right to entertainment and tourism during the summer vacation, stressing that her father should not be an obstacle to her travel, while the court granted the mother permission to travel with her daughter in custody, to spend the summer vacation for a period of 28 days, while requiring the father to submit a passport. The daughter is given to the custodial mother, and she is obliged to return it to him when she returns from travel.
However, the father of the child in custody filed a grievance with the court’s case management office, in which he requested that the decision issued to hand over his daughter’s passport to him be reconsidered, and that the court cancel it, for reasons stated in his grievance list.
For its part, the Court of Appeal ruled that the Court of First Instance should be consistent in its ruling, the correctness of its understanding, collection, and appreciation of the evidence upon which the appealed ruling was based in its ruling, and the validity of the result it reached in rejecting the grievance and upholding the contested order, and the court adopts those reasons and considers them reasons for its ruling, especially since the date of travel. It has expired, and therefore the present appeal, which is also the case, has been filed on an incorrect basis in fact and law, which requires the judiciary to reject it.
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