Procedures and conditions for filing a custody lawsuit

Procedures and conditions for filing a custody lawsuit

Custody is one of the fundamental issues inherent in personal status cases that is periodically heard in the courts, as it aims to ensure the child’s interest in a safe and stable environment after the separation of spouses. The new Saudi Personal Status Law issued by Royal Decree No. (M/73) dated 8/6/1443 AH paid special attention to regulating custody matters in line with the interests of the child in custody and preserving the rights of the parents.

If you need legal advice regarding custody, you can contact a specialized lawyer at Abdul Majeed Al Rashid Law Firm and Legal Consultations to ensure your and your child’s rights.

The concept of custody:

Nursery is defined as: “caring for the child in custody, and providing him with the necessary food, clothing, housing, discipline, education, treatment, and other things required for his care” (Article 123 of the Personal Status Law).

Custody provisions in the systems of the Kingdom of Saudi Arabia:

1. Custody right
   The basic principle is that the mother is more entitled to custody unless a legal or legitimate impediment is proven that prevents her from doing so, according to what is stated in the texts of the system.
   Custody is transferred after the mother to the father, then to the mother of the mother, then to the mother of the father, according to the order stipulated in the system, provided that the interest of the child in custody is taken into account in all of this (Article 127).
2. The interest of the child in custody comes first:
   Article (125) of the system confirmed that “the best interest of the child in custody is the basic criterion in the custody report”, which means that the court has broad discretion to estimate the interest of the child according to the circumstances of each case separately and the condition of those entitled to it.
3. Incubator conditions:
   Article (128) of the Personal Status Law specifies the conditions that must be met by the custodian, including:

Mind.
Puberty.
Secretariat.
The ability to raise and care for the child in custody.
Free from infectious or psychological diseases.
Not to be in an environment that harms the child in custody.

4. Incubation period:
   The custodian’s right to custody does not automatically lapse when the child reaches a certain age. Rather, the right continues unless the court proves that the child remaining with the custodian constitutes harm to him (Article 130), but if the child exceeds the age of 18, there is no custody over him.
5. Custody transfer:
   Either parent can file a claim requesting transfer of custody if there are legitimate reasons that allow those entitled to it to obtain custody, and the matter is left to the discretion of the court based on the interest of the child.

Procedures for filing a custody lawsuit:

Go to the Najez electronic platform affiliated with the Ministry of Justice.
Select “Claim Sheet” then select “Submit New Application”
Fill out the lawsuit form.
In the main claim category, choose “Personal Status and in the subcategory choose “Custody, Visitation and Alimony Claims”
We move to the type of lawsuit and choose (his nursery).
Filling out the data of the parties to the lawsuit (plaintiffs and defendants)
Filling out the data of the subject of the lawsuit, such as the status of the data entry, the data of the children whose custody is requested, and the supporting and clear evidence of the requests.
Finally, add supporting attachments such as:
National identity.
Divorce certificate (if any).
Proof of the custodian’s eligibility.
Proof of the presence of an obstacle on the part of the other party (if any).
Then click on Submit Request.

After that, attend the sessions before the competent court (Personal Status Court).

Support for custody claims

Among the most important grounds for requests that can be included in a custody lawsuit in the Saudi system:

Quranic verses and hadiths related to child care and rights.
Articles (124-135) of the Saudi Personal Status Law relating to custody provisions.
Article (124), which states that “Custody is the preservation of those who are not independent of what harms them, their upbringing, and the pursuit of their interests, including education and treatment.”
Birth certificates of the children subject to custody application.
Marriage contract document or divorce certificate.
Proof of the availability of suitable housing for child custody.

Procedures for requesting a custody decision:
You can apply for a custody decision through Najez through the following steps:

Log in to the Najez portal with your national access account
Select all electronic services
Choose the implementation package
Access the custody decision request service
Click the Submit New Request button
Select the implementation request
Click on other action requests
Choosing a request to issue a custody decision
Enter the required data executed against him – reason
Press the submit request button

If you need legal assistance in custody cases, you can contact the office of Attorney Abdul Majeed Al Rashid to obtain the support you need.

At the conclusion of this topic

The personal status system in the Kingdom came to establish an advanced and fair legislative framework for the right to custody, focusing on the best interest of the child in custody first. The system provides flexibility for courts to make decisions based on the circumstances of each individual case and the status of those entitled to them, while preserving parental rights and ensuring a healthy and safe environment for the child.

Frequently asked questions about filing a custody lawsuit

What are the procedures for filing a custody case against a husband?

A custody lawsuit is filed through the Personal Status Court, and the wife can file it herself or appoint someone else in accordance with Article 33 of the Sharia Procedures System.

What are the steps for a newspaper to file a custody lawsuit in the Personal Status Court?

Log in to the Najez portal and then log in via the national unified access.
Then choose the judiciary, then the lawsuit document, then a new request.
Finally, choose the main classification (personal status), then choose the subcategory (custody, visitation, and alimony claims), then choose the type of claim (custody).

How long does a custody lawsuit usually take?

There are no specific periods, but they are usually from one to three months depending on the circumstances of the case and its degree of complexity.

Can a mother give up custody of her children?

Yes, custody can be waived for the mother.

Does documenting custody require the father’s approval?

Yes, as documentation of custody requires that there be no custody dispute between the father and mother, or in the event of divorce, the father’s absence, imprisonment, or mental incapacity.