Introduction
Custody is one of the most important issues of concern to Saudi families, especially after divorce or the death of a parent. Custody not only means the right to care for the child, but also represents a guarantee of their psychological and physical safety and protection from any harm. In this article, we will review the conditions of custody under the Saudi system, who has the right to custody, when custody is forfeited, and the legal procedures related to filing custody lawsuits.
What is custody and its definition under the Saudi system?
Custody is the right to care for a young child, with the custodian assuming full responsibility for raising and caring for the child in a safe and stable environment.
Custody differs from alimony, which relates to providing financial needs, and from legal guardianship, which refers to legal representation of the child.
The Saudi system defines custody as: protecting a child who is not independent from harm, raising them, and looking after their interests, including education and medical care.
?Who has the right to custody after divorce
Custody is usually granted to the mother, as she is considered the most capable of providing a suitable environment for the child, especially in the early years of life.
If the mother is not qualified or able to care for the child due to health or social circumstances, the court may transfer custody to the father or a relative, based on the child's best interests.
The order of custody in the Saudi legal system is set as follows: The mother, then the father, then the mother's mother, then the father's mother. The court may decide otherwise based on the child's best interests.
:Custody Requirements in Saudi Arabia
To obtain custody, the custodian must meet a number of conditions, including
Full legal capacity: Capacity is defined as the person's eligibility to claim rights and assume obligations, and their ability to undertake legal actions.
Full legal capacity is defined as any person who has reached the age of majority, is in possession of their mental faculties, and has not been placed under guardianship. The age of majority is eighteen years according to the Hijri calendar.
The ability to raise, protect, and care for the child.
Be free from serious contagious diseases.
If the custodian is a woman, she must not be married to a man other than the child, unless the child's best interests require otherwise.
If the custodian is a man, he must be a mahram (close relative) to the child if the child is female, and a suitable female guardian must reside with the custodian.
?When does custody lapse
The right to custody lapse in several cases specified by Saudi law:
A woman's marriage to a man who is not related to the child.
If the custodian moves to a place where the child's best interests are undermined.
If the person entitled to custody remains silent about claiming custody for a period exceeding one year without a valid excuse, unless the child's best interests require otherwise.
Neglecting the child or exposing them to harm, whether physical or psychological.
The child's refusal to reside with the custodian: If the child is of an age that allows them to express their opinion.
Custody Age and Child Choice
After a child reaches the age of fifteen, the child's best interests are considered, and the court grants the child the right to choose the custodian they deem appropriate, whether the mother or father, based on the circumstances of each case.
Procedures for Filing a Custody Suit in Saudi Arabia
Custody applications can be submitted through the "Najiz" electronic platform. The lawsuit requires the submission of documents proving the custodian's ability to care for the child. Both parties, including the child if possible, are heard to make the appropriate decision.
Legal Advice to Strengthen Your Position in a Custody Lawsuit
Document all details related to the child's care.
Do not sever ties with the child except when necessary.
Seek the assistance of a specialized attorney.
FAQs
As for the right to travel, if the custodian is one of the parents, he is permitted to travel with the child in his custody outside the Kingdom for a period not exceeding (ninety) days per year, whether consecutive or separate.
No, custody and care are different from alimony, which is a court-mandated payment to cover a child's financial needs.
It varies depending on the circumstances of the case, but it usually takes from one to three months.
You can book a consultation by contacting us directly or through the booking form on the website, and we will contact you to confirm the appointment.
