How is the “interest of the child” valued in custody cases?
In the Saudi judiciary, the “interest of the child in custody” is the basic criterion and focus on which custody rulings revolve, and it takes precedence over the rights of the custodians. The Personal Status Law granted the court broad discretionary power to favor those who achieve this interest, as Article 127 stipulates that the court may decide to reverse the arrangement stipulated for those entitled to custody based on the interest of the person in custody.
Disclaimer: This is a legal article that provides general information and does not replace consulting a competent lawyer to help you and provide more accurate information.
The court assesses the “interest of the child in custody” through several criteria and determinants, the most prominent of which are:
Criteria related to the ability to provide basic and educational needs:
Article 124 defines custody as: “preserving those who are not independent from what harms them, raising them, and looking after their interests, including education and treatment.” Accordingly, the court assesses the interest of the child in custody based on the custodian’s ability to provide a suitable environment that ensures his education, treatment, and proper upbringing. Article 125 requires the incubator to have full capacity, the ability to raise and preserve, and safety from infectious diseases.
How is the “interest of the child” valued in custody cases?
Criteria related to the social environment and stability:
The court considers the stability of the environment in which the child will live. Article 128 stipulates that custody shall be forfeited if the custodian moves to a place for the purpose of residence where the interests of the child in custody are lost. The court assesses whether this transition will negatively affect the child’s psychological or educational stability.
Criteria related to the child’s age and age needs:
The assessment of interest varies depending on the age of the child:
- Infants and young children: Their best interests often require staying with the mother because they are in dire need of direct care. The executive regulations stipulate that if the child in custody does not exceed two years of age, custody shall be given to the mother even if she marries a man who is a foreigner.
- From the age of fifteen: Article one hundred and thirty-five stipulates that if the child in custody (fifteen) years of age, he has the choice to reside with one of his parents, unless the child in custody’s interest requires otherwise.
The balance between dropping custody and the child’s best interests:
In cases where custody may ostensibly lapse (such as the mother’s marriage to a man foreign to the child in custody), the system restricts this lapse to the phrase “unless the interest of the child in custody requires otherwise”. If the court finds that removing the child from his married mother would cause him serious psychological harm, or that the custodian next in line is not qualified to care for him, the court may maintain custody with the married mother in the interest of the child.
How to conduct a practical investigation: The judge (case supervisor) may use reports from social researchers or specialized committees to study the condition of the parties and the surrounding environment, to determine which one is best suited for child custody, determine where the greatest benefit lies, and prevent harm from occurring to the child.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article One Hundred and Twenty-Seven of the Personal Status Law and its regulations
- Article One Hundred and Twenty-Four of the Personal Status Law and its regulations
- Article One Hundred and Twenty-Five of the Personal Status Law and its Regulations
- Article One Hundred and Twenty-Six of the Personal Status Law and its regulations
- Article One Hundred and Twenty-Eight of the Personal Status Law and its Regulations
- Article One Hundred and Thirty-Five of the Personal Status Law and its Regulations
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