Hierarchy of Family Courts in the UAE – Guide to Family Matters & Appeals - video Dailymotion

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Learn about the #HierarchyofCourtinUAE, the #UAEFamilyCourt process, and how appeals work in family matters. Expert insights from Dr. Hassan Elhais on navigating legal procedures effectively. Visit us @ https://www.professionallawyer.me/legal-articles/family-law/hierarchy-in-family-court-and-the-process-to-appeal

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00:00Hierarchy in Family Court and the Process to Appeal

00:03How can a Family Court Decision be Appealed?

00:06Although it is easy to obtain information regarding family laws in the UAE,

00:11people are generally unaware of the procedural aspects of the family court process.

00:16In this video, we will look at the court procedures once a decision is issued by the Court of First Instance in the UAE.

00:22The UAE has three levels in its judiciary comprising of the following.

00:271. The Court of First Instance

00:292. The Court of Appeal

00:323. The Court of Cassation

00:34The UAE judiciary allows a three-tier litigation system

00:38where a judgment can be appealed twice to ensure that all aspects of an issue are addressed adequately.

00:45The Court of First Instance

00:46In family cases, a dispute, whether regarding divorce, inheritance, or other family matters,

00:53is initially brought before the Court of First Instance, commonly known as the Personal Status Court.

00:59This Court has the authority to understand the facts and evaluate the documents and evidence presented in the case,

01:06and to derive what it deems consistent with the reality of the case and its merits without being subject to review by the Court of Cassation,

01:13as long as its ruling is based on valid reasons with a foundation in the papers sufficient to support it,

01:19as established in Dubai Court of Cassation Appeal No. 104 of 2018 Personal Status.

01:24After the judgment is issued by the Court of First Instance, the case can be appealed before the Court of Appeal.

01:31What is the process of appeal in family cases in the UAE?

01:36Once a judgment is issued by the Court of First Instance,

01:39either party to the case can appeal the judgment if they are dissatisfied with the whole or part of the judgment issued.

01:46As per Article 161 of the Federal Decree Law No. 42 of 2022 on the promulgation of the Civil Procedure Law,

01:53an appeal to the judgment must be filed within 30 days of the issuance of the judgment.

01:59Court of Appeal

02:00The Court of Appeal reviews decisions issued by the Court of First Instance.

02:05In case both parties have appealed the decision,

02:08the two appeals will be combined to hear and issue judgment.

02:11Both the Court of First Instance and the Court of Appeal are categorized as trial courts

02:17and have the power to examine the facts and evidence of the case.

02:21The Court of Appeal can re-examine the facts and evidence on the request of the parties

02:25if the Court deems it necessary.

02:28It is legally established according to the settled jurisprudence of the Dubai Court of Cassation Appeal No. 104 of 2018

02:35Personal Status that the Appeal Court is not obligated to respond to every non-legal inference challenged by the parties,

02:43nor to follow them in all their lines of defense and various arguments and reasons,

02:48nor to respond to each of them or to the documents they submitted independently,

02:53as long as the truth it is convinced of and its evidence provide an implicit response,

02:58negating all that is contrary to it.

03:01Furthermore, the Court of Appeal can uphold the appealed decision,

03:04and this ruling is considered sufficiently reasoned

03:06if the Court adopts the reasons of the First Instance Court ruling that it upholds,

03:11provided that those reasons sufficiently justify the appealed decision.

03:16Court of Cassation

03:17If either or both parties to the case disagree with the judgment issued by the Court of Appeal,

03:24and if the appeal is based on a violation of the law or an error in its application or interpretation,

03:30the parties may appeal the decision before the Court of Cassation.

03:32As per Article 9 of the Federal Decree Law No. 41 of 2024 regarding Personal Status Law,

03:40such appeal must be filed within 30 days of the issuance of the judgment.

03:44An appeal by way of Cassation is essentially an objection against the ruling being appealed.

03:49Therefore, it is necessary that the arguments against an appealed ruling

03:53are directed at a specific defect upon which the appealed ruling is founded.

03:57If the appealed ruling lacks such a defect,

04:00the arguments posed by the appealing party may not be accepted.

04:05The Court of Cassation does not re-examine factual matters

04:07as they fall within the discretionary power of the trial courts

04:11and outside the scope of scrutiny of the Court of Cassation.

04:15Possible Outcomes of Appeal

04:17If a judgment is appealed, what are the possible outcomes that can be expected?

04:22If a court judgment is appealed before the Court of Appeal,

04:25then the appeal court may either completely or partially quash

04:28and decide on the merits of the case.

04:31It may dismiss the appeal after confirming the decision of the lower court.

04:35In some cases, it may also return the case to the lower court for retrial.

04:40When does a judgment become final?

04:43A judgment by the Court of First Instance in the Court of Appeal

04:46will become final on the expiry of the time period

04:49within which the judgment can be appealed.

04:51The judgments of the Court of Cassation are considered final.

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Hierarchy of Family Courts in the UAE – Guide to Family Matters & Appeals

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