Objection to the Personal Status Court’s ruling

Objection to the Personal Status Court’s ruling

Objecting to a Personal Status Court ruling is a fundamental right guaranteed by the Saudi judicial system to anyone who sees injustice or error in the ruling issued against them, whether in divorce, alimony, custody, or other cases. This right gives you a second opportunity to reconsider the decision before a higher court, which reinforces the principle of justice and protects family rights.

In this comprehensive article, we will take you step by step to understand everything related to objecting to the Personal Status Court’s ruling, starting from the legal period and ending with sample regulations and how to submit them via the Najiz platform or the Ministry of Justice’s Taradi platform.

Objection to the Personal Status Court’s ruling

In the Saudi judicial system, any person against whom a Personal Status Court has issued a decision and who considers it unfair or erroneous has the right to file a formal appeal known as ”objection to the Personal Status Court’s ruling” before the competent Court of Appeal within the specified legal period. This appeal does not automatically freeze the implementation of the ruling in most cases, unless the Supreme Court decides to suspend the implementation due to apparent interest or potential serious harm. 

The primary objective of this procedure is to provide the injured party with a genuine opportunity to review the ruling with a fresh eye and discover any flaws in the application of Sharia texts or regulations, procedural gaps, or errors in the assessment of evidence and facts. This reinforces the principle of two levels of litigation and protects the rights of individuals and families in sensitive cases such as divorce, alimony, custody, and visitation of children. Consequently, appealing a Personal Status Court ruling becomes an effective legal tool to ensure that justice reaches its highest possible levels.

Objection to the Personal Status Court’s ruling

Reasons for objecting to the ruling

In many personal status cases, one or both spouses find that the ruling issued by the Family Court did not achieve the desired justice, whether due to a defect in the assessment of evidence or an error in the application of legal or regulatory texts. This aggrieved feeling leads them to resort to the legitimate legal step of filing an objection to the Personal Status Court’s ruling. Among the most prominent reasons why this objection is necessary and acceptable before the Court of Appeal are the following:

1. The emergence of a clear tendency in governance towards one party over the other, without legal basis or conclusive evidence justifying this trend.
2. The court ignored essential documents or testimonies submitted by the injured party and could have changed the course of the decision.
3. The ruling conflicts with the provisions of Islamic Sharia or with the rules and regulations in force in the Kingdom.
4. Occurrence of mathematical or material errors in calculating the value of alimony or dowry or distributing financial rights between spouses.
5. Relying on the statements of witnesses whose lies were proven after the ruling was issued, or on documents that were later found to be forged.
6. Depriving a party of its natural right to present its full defense or make a statement due to a procedural deficiency.
7. Issuing a ruling on matters that were not originally raised in the case or exceed the limits of the jurisdiction of the Personal Status Court.

It is worth noting that these reasons, whether combined or isolated, constitute a strong legal basis that makes objecting to the Personal Status Court’s ruling not merely an emotional desire, but a legitimate right that deserves renewed consideration and scrutiny.

What are the regulations for objecting to judgments?

The objection list forms the backbone of any appeal that is intended to be submitted against a decision issued by the Personal Status Court. It is the official means that the appellate judge relies on to understand the reasons for dissatisfaction with the initial ruling. Therefore, it is required that the list be written in an organized and clear legal style, far from general or emotional expressions, with full commitment to the form and content so that it is not rejected in form The following are the most important points that must be present in any successful objection list when objecting to a Personal Status Court ruling:

1. Complete case data: case number, name of the court from which the ruling was issued, date of issuance, and names of the parties as officially registered.
2. Text of the contested ruling: Quoting the part to be challenged with literal accuracy so that the judge can make a direct comparison.
3. Arranging the reasons logically: Listing substantive or procedural errors is numbered, mentioning each error separately and proving it with clear evidence.
4. Relying on legal and Sharia texts: referring to the Sharia article or ruling that was violated while mentioning its source (personal status system, Supreme Court decisions, etc.).
5. Attach new or resubmitted documents: Any paper, report, or testimony that supports the claim and has not been previously submitted or ignored.
6. Clear and specific requests in the conclusion: such as canceling the ruling completely, amending part of it, or returning the case to the court of first instance to consider it again.

Alimony claim

When the husband or wife believes that the amount awarded as alimony is not commensurate with the current living conditions or income, the most appropriate legal step remains to file an objection to the Personal Status Court’s ruling within the regular period. The objection list in these cases is based on strong objective foundations that enable the Court of Appeal to re-evaluate the figures and needs once again. The most important points that must be highlighted include the following:

1. Proof of a material change in the alimony obligor’s monthly income, whether by increase or decrease, along with submitting a recent salary statement, dismissal decision, or new employment contract.
2. Explaining the significant increase in the basic cost of living for foster parents or divorced spouses, supported by private school bills, medical treatment, or housing rent.
3. Detect any mathematical errors made by the first court when calculating average daily or annual expenses.
4. Highlight the other party’s additional sources of income that were not previously accounted for, such as investment returns or a part-time salary.
5. Submit a recent social report from the Family Protection Center showing the actual need for higher or lower amounts, depending on the situation.
6. Request the appointment of an accounting expert from the court to accurately re-estimate alimony according to current prices.

A list objecting to a custody instrument

Custody cases are among the most emotional files, which is why we find many fathers or mothers rushing to file an objection to the Personal Status Court’s ruling immediately after the custody deed is issued if they see that it harms the interests of their children. The objection list here is based on the principle of “the best interest of the child in custody” which rises above all considerations. The most prominent topics that must be included include the following:

1. Proving a radical change in the circumstances of the current custodian that negatively affects the child’s physical or psychological safety, such as moving to an unsafe environment or marrying a person with a history.
2. Provide new evidence of neglect, violence, or addiction that was not available at the time of the first trial, along with medical reports or official communications.
3. Demonstrate the objecting party’s willingness to provide a more stable, educated, and nurturing environment, supported by housing photos, school certificates, and positive psychological reports.
4. Highlighting the child’s own desire –if he is of an age that allows his opinion to be heard– to live with the other party, with an official court report or social worker.
5. Requesting the assignment of a tripartite committee (judge, social worker, psychiatrist) to visit the homes of both parties and prepare a new objective report.
6. Relying on the absence of legal or regular custody conditions for the current custodian, such as changing religion or permanent travel outside the Kingdom without approval.

Sample objection to a ruling

In order for an appeal to be accepted before the Court of Appeal, a precise and consistent structure must be observed when preparing the objection form to the Personal Status Court’s ruling, as any defect in the form may lead to the rejection of the regulation without considering the subject matter. It is worth noting that this form is not just an ordinary piece of paper, but rather a legal document that determines the fate of the case in its second degree. It usually includes the following basic elements arranged in this sequence:

• Top identifying information: original case number, name of the court that issued the ruling, date of hearing and ruling, and names of the plaintiff and defendant as they appear on the instrument.
• Statement of legal capacity: Clarifying that you are the objector (appellant) and that the other party is the objector (appellant against).
• Transferring the text of the contested ruling: copying the objected part verbatim from the original instrument without adding or subtracting.
• Objection reasons are numbered: each reason in a separate paragraph, supported by a clear legal or regulatory reference, stating the evidence that proves it.
• Responding to the reasons for the initial ruling: refuting the points on which the first court relied in an objective and professional manner.
• Clear and specific final requests: such as canceling the ruling completely, amending the amount of alimony, dropping custody, or returning the case to the court of first instance.
• Signature and date: Signature of the objector or his legal representative, along with the lawyer’s seal, if any.

Note that you can get prototypes from the Najiz platform or the Tamadeya platform, but they must be completely customized to the details of your case to be effective.

How to object to a ruling

With the complete digital transformation accomplished by the Ministry of Justice, submitting an objection to the Personal Status Court ruling has become a quick electronic procedure that does not require visiting the court except in rare cases, and the practical steps currently followed are as follows:

1. Log in to the Najiz portal using the National Unified Access (Absher).
2. Select tab “Judiciary” then “Electronic Services” then Service “Submit an objection list to a ruling”.
3. Automatically enter the original case number, judgment number, and the court from which it was issued.
4. Upload the objection regulation file in PDF format, ensuring that the file size does not exceed the permitted limit.
5. Attach all new or resubmitted documents (payroll, medical reports, photos…) in PDF or JPG format.
6. Review the data and attachments, then click “Submit Application” and pay the electronic fees via the Sadad system.
7. Receive the application number and a text message stating that the objection to the Personal Status Court’s ruling has been successfully registered and referred directly to the regionally competent Court of Appeal.

What comes after objecting to the ruling

As long as the objection to the Personal Status Court’s ruling is registered electronically and appears in the Najiz system, the case will immediately automatically move to the competent Court of Appeal, and a completely new legal stage will begin, controlled by one or more second-instance judges. This stage is completely different from the initial consideration, because the court does not usually re-hear witnesses, but rather focuses on reviewing the file and evaluating the validity of the first ruling from both the formal and substantive aspects Below are the most important stages that the case goes through after submitting an objection to the Personal Status Court’s ruling:

• Examination of the form and date: The court first verifies that the regulations were submitted within the legal period (30 regular days or 10 urgent days) and that all data and attachments are complete, otherwise it issues an immediate decision to reject the objection in form.
• Informing the other party: The court sends formal notice to the objecting party to submit a response memorandum within a specified period (usually 10-15 days) defending the initial ruling.
• Study the topic in depth: Re-read all minutes of previous sessions and documents, focusing on legal, regulatory, or procedural errors raised by the objector.
• Issuance of the appeal decision: After deliberation, the court makes one of the following three decisions:
• Support the first ruling in full if it is proven correct.
• Partially amending the ruling (such as raising or lowering alimony, or changing viewing dates).
• Cancel the ruling completely and return the case to the first instance court with a new composition of judges for further consideration.
• Possibility of appealing in cassation: If neither party is convinced by the appeal ruling, they have the right to file a cassation lawsuit before the Supreme Court within 30 days, but only on specific legal reasons and not objective.

When it comes to filing an objection to the Personal Status Court’s ruling with high professionalism and speed that guarantees you the full restoration of your rights, the office of lawyer Abdul Majeed Al Rashid stands out as your first choice. We do not provide just a legal service, but a complete partnership that aims to turn the balance of the ruling in your favor. Here is what distinguishes us from others in this delicate field:

• Over twenty-six years of practical experience has enabled us to handle thousands of divorce, custody, alimony, and visitation cases before the courts of the Kingdom of Saudi Arabia.
• A full team of licensed lawyers dedicated exclusively to personal status cases, who have mastered every detail of the new personal status system and Supreme Court decisions.
• Drafting robust objection regulations supported by modern case law, raising the acceptance rate of objections to Personal Status Court rulings and amendments thereto to the highest levels.
• Real-time follow-up of every step via the Najiz and Tawadhi platforms, without the client having to come to the office in person unless they wish.
• A complete commitment to absolute confidentiality of all details of the case, with one lawyer directly responsible for your file.

Objection to the Personal Status Court’s ruling

Objecting to a Personal Status Court ruling is a legitimate right guaranteed by the Saudi system to correct mistakes and ensure justice. Do not leave your right hostage to a ruling that does not satisfy you. Call now and the team from the office of Attorney Abdul Majeed Al Rashid will immediately begin studying your file and preparing the objection to the Personal Status Court ruling in the strongest possible form to ensure the restoration of all your rights within the shortest regular period.

If you are facing an unfair ruling in a personal status case and would like to file an objection to the Personal Status Court’s ruling with the highest levels of professionalism and speed, the office of Attorney Abdul Majeed Al Rashid is the source of your trust.

Frequently Asked Questions

What is the duration of appeal in personal status cases?

30 days from the date of notification of the judgment in ordinary judgments, and only 10 days in urgent judgments. The period begins from the day following the delivery of the instrument or its electronic announcement via Najiz.

How do I know if an objection to the ruling will be accepted?

You will receive an official notification via the Najiz platform or a text message with your ID number stating that the regulation has been formally accepted and referred to the Court of Appeal, and you can follow up on the status of the request directly from the platform.