Corona pandemic and family issues - Corona pandemic and family issues - Almashora Lawyer Zainab Muhammad Legal Firm Qatar, Legal Advice and Arbitration

– What is the impact of Corona (Covid-19) on family issues??

In light of the measures taken by the state to control the spread of the new Corona virus “Covid 19”, by preventing gatherings, increasing awareness campaigns and making critical decisions from all relevant ministries and institutions, the thousand are still living in a crisis due to the incubators’ reluctance to implement the provisions of the vision for fear of themselves and their children from contracting the virus. On the other hand, many parents refrained from implementing the rule of legal alimony due to their poor financial conditions during this crisis
We always advise amicable solutions between the two parties for the benefit of the child (the foster child) first, then the interest of each of them in order to overcome this crisis by the will of God Almighty.

 

– Does the incubator have the right to refrain from implementing the ruling of vision in light of the spread of the Corona epidemic (Covid-19)?

It is not permissible to refrain from implementing the rule of vision because of the Almighty’s saying (and neither a mother is harmed by her child, nor a child born to his child) the truth of God Almighty
And if the implementation will inevitably cause the child to be exposed to risks and infection with diseases and epidemics, she may abstain temporarily, and the custodian must discuss the matter with the owner of the right to see and search for friendly and safe solutions to see the child, especially since the origin in the place of the visit is to be in the residence of the child, after taking all preventive measures necessary in accordance with the instructions followed by the state.
If the custodian refuses to implement the judgment of vision and bad faith is proven, especially after being warned, Article 186 of the Family Code stipulates that the judge may transfer custody to the other party temporarily, and if the violation is repeated, the court may drop her custody.

 

– What should I do if the custodian refuses to implement the ruling on seeing and hosting?

Vision and hosting are the inherent right of the guardian, and the incubator must enable him to supervise his upbringing in a valid upbringing, protect him from deviation, provide him with the best treatment, educate him, and prepare him for the future.
In the event that the custodian refrains from implementing the ruling of vision or hosting, a request can be submitted to the execution judge to seize and bring the custodian for her refraining from implementing the ruling of vision without right or reason and obligating her to implement it.

 

– Is it permissible to refrain from implementing the alimony ruling in light of the spread of the Corona epidemic (Covid-19)?

It is not permissible in any way to refrain from implementing the alimony ruling
In the event of abstention, the custodian may resort to the execution judge and submit seizure requests and other requests that require the execution of the alimony ruling.

 

– Is it permissible to file a claim to demand an increase or decrease in the course as alimony (for those who are in custody or married) in light of the spread of the Corona epidemic (Covid-19)?

Yes, it is permissible for both parties, because the value of alimony can be increased or decreased according to economic conditions, as well as to the circumstances of the person obligated to alimony and also the circumstances of the alimony imposed in his favour. The condition that a period of one year has passed since the date of the judiciary with the prescribed alimony for accepting the case, and it may be filed temporarily in light of the current crisis

 

– Is it permissible for the wife to file a marital alimony lawsuit in light of the spread of the Corona epidemic (Covid-19) if the husband refrains from performing alimony?

Yes, it is permissible, provided that the wife is obedient to her husband.

 

– Will the wife’s right to claim a debt of marital alimony be forfeited if the husband refrains from spending during the spread of the Corona epidemic (Covid-19)?

The alimony debt is not forfeited even if alimony is not agreed upon between the spouses or a judgment is issued, and the wife may claim his alimony prior to filing the lawsuit, provided that it does not exceed three years prior to the date of filing the lawsuit, and the wife must establish the argument for not spending by all means of proof because The original and apparent is spending when cohabitation.

 

– In light of emergency conditions and the spread of the Corona epidemic (Covid-19), is refraining from performing marital alimony permissible for him to file a lawsuit for divorce for harm?

Yes, it is enough, and the damage intended in the law is not mentioned exclusively in the sense that any harm that the wife can prove, such as insulting the wife, beating her or not spending, she has the right to ask for divorce, as we mentioned earlier, it is not permissible to withhold from alimony in any way, especially the maintenance of sufficient food and drink. And it is worth mentioning here that there is another type of divorce, which is divorce due to discord in the event that the dispute between the spouses is strong and the relationship between them is impossible to perpetuate.

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