How do I request a visit to the children from my ex-wife?
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
The Saudi law gives you the inherent right to visit and communicate with your children after divorce. Article 134 of the Personal Status Law stipulates that: “If the child in custody is in the custody of one of the parents, the other has the right to visit him, seek his advice, and take him with him according to what they agree upon. In the event of a disagreement, the court shall decide what it deems appropriate.”
To request a visit from your children, you can follow the following legal steps:
First: Trying to agree and issue a (visiting document)
According to Article 38 of the Personal Status Law, you can submit an electronic request for a “visiting document.” If the times and days of the visit are agreed upon between you and your ex-wife, this document is approved by the court and is considered a binding executive document that does not require lengthy legal proceedings.
Second: Filing a “visit” lawsuit (in case of disagreement)
If your ex-wife refuses to allow you to see the children or you disagree over the times and place of the visit, you have the right to file a lawsuit before the Personal Status Court, in accordance with Article 33 of the Sharia Litigation System.
Steps to file a lawsuit through the Najiz portal (Najiz.sa):
- Log in to the Najiz portal with your national access account.
- Choose (judiciary) then (claim sheet).
- Choose the main classification: personal status claims.
- Subcategory: Custody, Visitation, and Alimony Claims.
- Type of lawsuit: visiting children or others.
- Required data: You will need to enter the children’s data, the date of the marriage contract or divorce certificate, their place of residence, and specify the times and days of the visit you wish (such as: two days a week, or on holidays and festivals).
The case will initially be referred to a (consensual platform) to attempt reconciliation. If reconciliation is not possible, it will be referred to the judicial department, which will issue a ruling specifying the days and hours of the visit and the place of receipt and delivery in a manner that serves the interests of the child in custody.
Third: Forced execution (execution court)
If you have been issued a visitation order or have obtained a certified document, and your ex-wife has refused to perform or has hidden the children, you can file an enforcement application with the enforcement court. Article 74 of the Enforcement Law stipulates that visitation rulings shall be enforced by force whenever necessary, and the judge may take strict measures against those who refrain from enforcement, including: (travel ban, suspension of services, and even imprisonment).
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article One Hundred and Thirty-Four of the Personal Status Law and its Regulations
- Article Thirty-Eight of the Personal Status Law Regulations
- Article Thirty-Three of the Sharia Procedures Law
- Article Seventy-Four of the Implementation Law
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