residence permit at United Arab Emirates and there is a possibility that the applicant may travel with
the children there to. The applicant contended that by this fair the courts ignored the preservation of
the relationship between the mother and her children, ignored the legal rules and travelling regulation
that strictly prevent the travelling of immature children with their mother without the consent of the
guardian. Finally, the applicant requested the quashing of this judgment.
Without need to summon the other party, this objection is hopeless according to the provision of
section 189 of the Code of Civil Procedure. The section expressly provides that (the parties may
raise an objection to the supreme court against the decisions of the or wrong interpretation of the
law. As the applicant is discussing in his application the weighting and evaluation of evidence which
is not a contravention of the law and fall within the exclusive domain of the court of first instance
power, the supreme Court only intervene to quash a decision on these weighting of evidence bases
in case the weighting is contrary to the evidence record of the case. The decision issued by the court
of appeal does not warrant the application of this exception, there for with the agreement of my
respected colleague I rule to dismiss this application summarily.
Abdelhamid Mohammed Abdelhamid
Supreme Court Judge
12/7.2015
Abdelaziz Alraseed Mohammed Osman
Supreme Court Judge
13l7l2015
I concur to the decision renouncing that the applicant claim for accompanying of the children under
the custody of the grandmother during the term of the leave should be dismissed. This claim could
only be accepted when there is an agreement of the other party to such claim. The visit and
accompanying as a matter of general rule should take place during the day without the right to spend
the night outside the custodian home except when the other party accept that.
I refer to the Objection decision No 291 /2004 page 19 – where the ratio of the rule came as follows
1-A reconciliation process should be managed between the right of the custodian and the right of
visit and accompanying, where the child is in the female custody, the right of the custodian in the
child spending the night in the custodian home could only be forfeited only where the judge finds
enough reason to the contrary.
2- The right to visit shall be in accordance with the m sound common sense and logically accepted
behavior, hence the visit shall be within specified limits governed with a certain ethics and morals
that should be followed. Thus, visit shall not be every day.
When the visit and accompanying is granted during the day the decision shall fix time for receipt and
time for deliver back of the child. Whereas the fair from travelling with the child could be avoided by
listing restriction on the child travel in all travelling port.
Alboshrah Osman Salih
Supreme Court Judge
16/7/2015
Final order
Dismissal of the application for objection summarily with cost.
Alboshrah Osman Salih
Supreme Court Judge
Circuit President
16/7/2015