How are visiting times determined in court if we do not agree?
If the two parties do not agree, the court intervenes to control the visit through a court ruling that is binding on both parties. Article 134 of the Personal Status Law states: “In the event of a dispute, the court shall decide what it deems appropriate.”
The determination mechanism is carried out in the courts according to the following regulatory details:
First: The criteria that the judge takes into account when determining the visit
According to Article 37 of the Personal Status Law, when determining visitation times and the mechanism for receipt and delivery, the judge shall take into account the following matters:
- The best interests of the child in custody: This is the most important criterion, so that visiting hours do not conflict with the child’s study, sleep, or rest times.
- Place of residence of the child in custody: the distance between the mother’s city and the father’s city.
- The situation of the two parties to the dispute: the working conditions of the mother and father and their ability to receive and deliver.
Second: What exactly does the judge determine?
Based on Article (76) of the Executive Regulations of the Implementation System, the determination is distributed as follows:
- Subject matter judge (Personal Status Court): He is the one who determines the number of days of visitation, sets these days (for example, the end of the week), and the exact times (from such-and-such hour to such-and-such hour), and determines additional times on holidays and school holidays.
- Enforcement Judge: If the Personal Status Law does not specify the place of delivery, or if stubbornness persists between you regarding the enforcement mechanism, the enforcement judge will intervene to determine the mechanism for transporting the child, who will handle delivery and receipt, and the exact location (whether in the father’s home or a relative’s home).
If home surrender is not possible due to disputes, the regulations stipulate that the enforcement judge shall order the visitation and surrender of the child in safe places such as (government social agencies, licensed charitable associations, or appropriate public places). It is legally prohibited to surrender children or see them in police stations.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
No comments