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Maktoum bin Mohammed issues a decision to form an “incubation committee” within Dubai Courts

22 Apr 2022


Maktoum bin Mohammed issues a decision to form an “incubation committee” within Dubai Courts


His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Chairman of the Judicial Council of the Emirate of Dubai, issued Resolution No. (7) of 2022 to form the Incubation Committee in the Emirate of Dubai, which is concerned with embracing children under the age of eighteen. The resolution defined incubation as : Preserving, raising and caring for the child, including preserving his life and his physical, psychological, mental and moral integrity from danger, and protecting his various rights, while the custodian was defined as : the person to whom the competent court rules custody, in accordance with the legislation in force.. .The decision stipulates that a committee shall be formed in Dubai Courts called the Incubation Committee, consisting of two representatives from Dubai Courts, one of whom will be the head of the committee and the other as his deputy, appointed by the Director of Courts, and two representatives from the Community Development Authority in Dubai, one of whom is from the Child Protection Unit appointed by its director. The General, and two representatives of the Dubai Police concerned with the protection of children appointed by the Commander-in-Chief of Dubai Police, in addition to appointing a Dubai Courts employee as a rapporteur of the committee.. .The Custody Committee, in accordance with the decision, is responsible for preparing a detailed report on the social, psychological, health and criminal status of the person requesting custody or the person for whom the competent court will judge custody, ensuring his eligibility and organizing field visits for this purpose.. .The resolution specified the mechanism of the meetings of the incubation committee, whereby the committee's meetings are held at the invitation of its chairman or his deputy in his absence whenever the need arises. The committee's meetings are valid if attended by the majority of its members, provided that the committee chairperson or his deputy and a representative of the Child Protection Unit in the Community Development Authority are among them. The committee issues its decisions and recommendations by a majority vote of its members present, and in the event of equal votes, the side of the meeting chairperson shall prevail.. . . .Nursery eligibility report. .The decision detailed the procedures for issuing a nursery eligibility report, which begins with the competent court before which the dispute or the custody request is submitted assigning the incubation committee to prepare the report on the guardian's eligibility for custody. In the nursery, with the aim of identifying his family, social and economic conditions, and the extent of his ability to provide the necessary living, educational and health needs for the child. For an approved medical authority.. . . .The decision required that a recent certificate of good conduct and behavior be attached to the applicant for custody, or for whom the competent court will rule for custody from inside or outside the country, as the case may be, provided that the nursery applicant or the person to whom the court will rule custody signs the acknowledgment form approved by the committee, stating that he has not committed a crime outside the state. . He must also bring a certificate from the police station concerned with his area of residence at the time of submitting the custody request, stating that his record is free of any communications registered against him or any communications that ended with a pledge, warning, or preservation, provided that the committee's reporter, after preparing the report, presents it to the head of the committee and its members for signature. The committee then submits the report to the competent court requesting the report.. .The decision obligated the authorities concerned with children's affairs in the Emirate of Dubai to cooperate fully with the incubation committee, including providing it with the data, information and statistics it requests, in order to enable it to carry out the functions entrusted to it, provided that the decision is published in the Official Gazette and is implemented as of the date of its issuance .. . ..