A mandatory, necessary and safe step
Family Guidance is a mandatory step in most family cases before Dubai Courts, including divorce cases, custody, vision and expenses.
Here, a researcher and social mediator affiliated with the Family Guidance Department of the Dubai Court of Personal Status seeks to settle the matter between the two parties, and reach a binding solution for both parties without the need for dispute and litigation before the court.
At this stage, it is useful for each party to present its requests accurately, because the same requests that were submitted to the Family Guidance Department are the requests that the judge will consider later if reconciliation efforts fail, and the case is referred to the Personal Status Court.
To end the conflict amicably, each party seeks to negotiate, and whenever the two parties do not reach a final settlement, the social reformer postpones the settlement to another session, thus until either party decides that the reconciliation efforts have failed and the file is closed.
If the two parties agree to a settlement, then all the terms of their agreement are clarified by an agreement concluded before a judge competent to ratify and authenticate the agreements concluded before the Family Guidance Department, the other party to its agreed obligations.
Despite this, the agreements concluded before the Department of Family Guidance do not preclude any party from filing a lawsuit in the future to terminate the agreement or cancel one of its provisions as long as there are fundamental variables or facts that make the implementation of the agreement a danger, for example to children, or that there is a change The monthly income of one of the parties is affected, because the agreement concluded in matters of personal status acquires temporary validity that changes with the change of circumstances.
It is worth mentioning that notifying the other party by any means in the family guidance files is mandatory in accordance with the provisions currently in force, in light of Article 16 of the Personal Status Law and Ministerial Resolution No. 554 of 2021 regarding the Family Guidance Regulations.
You may not find it difficult to register the file on your own before the Family Guidance Department, as the presence of a lawyer is not mandatory, necessary or required before the social mediator, but remember that obtaining legal advice from a lawyer specialized in the field of personal status at all times will avoid you and your family falling into legal consequences dire that may not be rectified in the future.
Finally, be careful to register the case before the family court within the legal period mentioned on the referral letter issued by the Family Guidance Department to the family court, which currently does not exceed two months.