How can I claim custody and where can I file the case?
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.
Welcome. To answer your inquiry legally and accurately, we explain to you the competent court the steps and procedures for claiming custody in accordance with Saudi regulations:
First: Where is the case filed? (competent court)
Specific jurisdiction: Custody lawsuits are filed with the Personal Status Court, which is the court exclusively competent to consider all personal status matters, including custody, in accordance with Article Thirty-Three of the Sharia Litigation System.
Spatial jurisdiction: The lawsuit is originally to be filed in the defendant’s country, but the system has established a flexible exception that protects the woman’s interest; Article Thirty-Nine of the Sharia Procedures System stipulates that a woman has the option to file a custody lawsuit in her country or in the defendant’s country.
How can I claim custody and where can I file the case?
Second: How can you request custody? (Procedures and eligibility)
According to Article 127 of the Personal Status Law, custody belongs to the mother in the event of separation between spouses, followed by the right of the father, then the mother of the mother. You can claim custody by following these steps:
- Proof of custody (in the absence of a dispute): You can submit an electronic request (termination) through the “Najiz” portal to issue a document proving custody, and this document is considered an executive document after its approval by the court.
- Filing a custody lawsuit (in the event of a dispute or refusal by the other party):
- You enter the Ministry of Justice’s “Najiz” portal and choose (Suit Newspaper).
- The lawsuit data is filled out and the main classification (personal status) and subcategory (custody and visitation lawsuits) are selected.
- The case is automatically referred to the Reconciliation Center (via the Tawadhi platform), where a date is set to attempt to bring viewpoints closer together and reach a reconciliation that preserves the interests of the child in custody.
- If no settlement is reached, the case will be referred electronically and directly to the Personal Status Court, where a date will be set for a court session, the case will be heard, and a ruling will be issued based on the interests of the child in custody.
We always recommend that all supporting documents (such as children’s IDs, divorce certificate, if available) be prepared when submitting the application electronically.
How can I claim custody and where can I file the case?
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article Thirty-Three of the Sharia Procedures Law
- Article Thirty-Nine of the Sharia Procedures Law
- Article One Hundred and Twenty-Seven of the Personal Status Law and its regulations
- Article Thirty-Eight of the Personal Status Law Regulations
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