Dr Hassan Mohsen Elhais is a veteran lawyer based in the UAE with an exceptional career that has positioned him as one of the best advocates in Dubai. Since joining Awatif Mohammad Shoqi Advocates and Legal Consultancy, one of the best law firms in UAE, Dr Hassan has quickly established himself with an extensive wealth of knowledge and experience in diverse areas of the law. His areas of expertise encompasses salient aspects such as arbitration, commercial law, family law to more complex fields like criminal law. Part of what makes Dr Elhais a legal force is his strong educational background. He started his legal journey at Monofiya University, Egypt where he proceeded to complete his masters and Ph.D respectively. Dr Elhais’ remarkable grasp of diverse legal areas, including criminal and civil law has not only sharpened his mind but also provided a solid foundation to address legal challenges thereby offering clarity to complex legal battles in many civil and criminal cases. He specialises in writing detailed statements of claim while also providing strategic consultations. A considerable part of his work involves expatriate cases regarding divorce, child custody, child abduction and international family law cases within the UAE legal system.
In particular, one of the legal areas where Dr Elhais exudes remarkable competence is on Child abduction cases. Within the context of family law, child abduction refers to a situation where a child is wrongfully taken or retained by an individual, usually a parent beyond an agreed period without obtaining the consent of the other legal guardian/parent or against a court order. Parental child abductions may stem from underlying familial disputes such as separation or divorce. For instance, it might happen when a parent feels dissatisfied with a custody arrangement or fears losing custody of a child(ren). Irrespective of intent, child abduction is considered wrongful when it violates the rights of the other parent or guardian. Therefore, it is treated as a criminal offense in jurisdictions like UAE when it involves intent to deprive the other party or when it breaches court orders. Parental child abduction is not an uncommon occurrence in the UAE given its large expatriate population and frequent international marriages. Child abduction cases in the UAE often even escalate into complex cross-border disputes, involving different jurisdictions and legal systems.
Because of how sentimental and perhaps complex child abduction cases are, it is an area that requires technical precision, cultural sensitivity and a compassionate approach. Fortunately, Dr Elhais excels in these types of situations. He understands both the emotional and legal consideration of these situations, especially when separations leave one parent at a disadvantage. Therefore, he expertly guides clients through an extensive emotional and legal process, offering preventive tools like allowing either parent to request a travel ban on a child, which, if approved, stops abduction attempts. Child custody in UAE is governed by Federal Law No. 41/2024 on Personal Status Law for Muslims, and is closely tied to divorce cases. Typically, after a divorce, the mother gets the custody of the child(ren) while the father is granted guardianship. Mothers generally obtain custody of children until the children attain 18 years of age. Nevertheless, children are given the right to choose between their parents, once they turn 15 years old. Generally, courts prioritize the child’s best interests, and Dr. Elhais leverages this framework to address abduction risks, advising on travel bans or custody shifts when remarriage complicates matters.
More complexities arise when international boundaries are crossed, which then requires the application of varying laws. This is yet another area where Dr Elhais excels. In this instance, he considers the details and specificity of such cases, from abduction to the enforceability of custody arrangements. Dr Elhais also provides expert guidance on how UAE law addresses these situations. UAE laws offer constitutional provisions such as preventative measures which allows either parents to request a travel ban on minor children. Dr Elhais explains this mechanism to clients and advises them on its application to protect their rights and prevent child abduction.
Dr Elhais’ ability to interpret and expertly apply these updates highlights his versatility, a core attribute among the best divorce lawyers in Dubai. Dr Elhais’ ability to navigate between expatriate and non-expatriate cases makes him one of the best lawyers in Dubai.
Beyond his expertise in individual cases, Dr Elhais has acquired a global reputation as a force in the family cases proceeding through his role as an expert for foreign courts and legal professionals. He has provided legal opinions and reports to judicial bodies in countries such as the United States, Canada, the UK, and Australia, offering the nuances of UAE law in child abduction disputes. A prominent example is his report to the Family Court at Manchester where he detailed the legal consequences of a child taken to the UAE. His submission to the Federal Circuit and Family Court of Australia also identified custody rights and enforcement options. As one of the leading Legal experts in Dubai, Dr Elhais’ global recognition is further amplified by his series of public engagements. At the 2016 International Centre for Family Law in London, he spoke about enforcing foreign orders, a subject connected to abduction cases involving support obligations. Similarly, he has regularly given interviews in Portugal, Japan and South Africa showcasing his global outlook, forging dialogue on aligning UAE laws with international standards. This has cemented Dr Elhais as a thought leader in family legal matters relating to the UAE. Through digital media channels like YouTube, Dr Elhais has established himself as one the leading family lawyers in Abu Dhabi by explaining topics such as parental child abduction and discussing remedies for spouses outside the UAE.
These appearances evidently underscores Dr Elhais’s gift at simplifying complex issues for a wide audience, which reinforces his expertise as both a practitioner and educator. Similarly, his public recognition has uplifted the reputation of Awatif Mohammad Shoqi Advocates & Legal Consultancy as one of the best international law firms in Dubai. What is perhaps more compelling about Dr Elhais is his relentless pursuit of legal education and knowledge. To sharpen his skills, he has completed several trainings, such as the International Lawyers Training Programme by the Law Society of England and Wales and the UIA Training course by the International Association of Lawyers in Lisbon, Portugal. He is also a member of a number of bar associations, most notably the European Criminal Bar Association, the Egypt Bar Association, the International Bar Association just to name a few. He is also the associate member of the American Bar Association.
Furthermore, Dr Elhais’ collaborates with overseas lawyers interested in UAE family law and abduction cases. He has provided legal advice to firms in the UK, Canada and beyond in areas of foreign parenting agreements, steps to securing a child just to name a few. This advocacy and strategic consultations has earned him appearances on the recommended lists of embassies such as Australia and the United States as well as being one of the best international arbitration lawyers. As well as being a good orator and legal practitioner, Dr Elhais is equally a prolific writer. He has written over 300 articles published in reputable journals like The National and Lexis Middle East. In his publications, he offers practical advice for residents and legal professionals. In one of his notable chapters in the International Comparative Legal Guides on Family Law 2023, he examines UAE laws that are relevant to abduction cases, providing a connection between legal theory and real-world application in the process. Given his distinguished career, it is no surprise that Dr Elhais has received a plethora of awards and accolades. He is ranked Band 1 by Chambers and Partners (2022-2024) for Family/Matrimonial law; he has also earned “legal consultant of the year” awards from Corporate LiveWire and ACQ5. Dr Elhais also made history as the first expatriate member of the International Academy of Family Lawyers in the UAE.
