What are the custody laws in the Kingdom of Saudi Arabia

What are the custody laws in the Kingdom of Saudi Arabia

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.

Custody laws in the Kingdom of Saudi Arabia are currently regulated under the Personal Status Law. The system has detailed custody provisions to ensure that the “interest of the child in custody” is achieved in the first place. Here are the most important laws and regulations related to custody:

The concept of custody: 

The system defines custody as preserving the child (who is not independent) from what harms him, raising him and looking after his interests, including education and treatment.

Ranking of those entitled to custody:

• Custody is the duty of both parents as long as the marital relationship exists.
• In the event of separation, custody goes primarily to the mother.
• If the mother is not present or the conditions are lost, the right to custody is transferred in the following order: (father, then mother, then father’s mother). The court always has the right to change this arrangement if it deems that the child’s interest so requires.

What are the custody laws in the Kingdom of Saudi Arabia

Incubator conditions:

 For a person to be entitled to custody, he must meet the following general conditions:

• Kamal Al-Ahlia.
• The ability to raise, preserve and care for the child in custody.
• Safety from serious infectious diseases.

There are also additional special conditions:

• If the custodian is a woman: It is required that she is not married to a man who is a foreigner to the child in custody (unless the court deems that the interest of the child in custody requires otherwise).
• If the custodian is a man: He must be a mahram (if the custodian is a female), and a woman suitable for custody must reside in his home.

Cases of nursery collapse:

 A person’s right to custody under the system is forfeited in the following cases:

• If the custodian loses any of the above conditions (such as marriage to a foreigner without a valid interest, or loss of the ability to care).
• If the custodian moves to reside in a place where the interest of the child in custody is lost.
• If the person entitled to custody remains silent about claiming it for a period exceeding (one year) without an acceptable excuse, unless the interest of the person in custody requires otherwise. (It is permissible for the person who has fallen to request it again if the reason for the fall has disappeared.)

Traveling with a child: 

The system places restrictions to ensure the child’s stability when traveling outside the Kingdom:

• Neither parent may travel outside the Kingdom for a period exceeding (90 days) per year except with the consent of the other party.
• If the custodian is not a parent (such as a grandmother, for example), the child may not travel for more than (30 days) without the consent of both parents or one of them if the other dies.

Important note: In all custody cases, the first and last criterion adopted by Saudi courts is the “interest of the child in custody,” and any clause that conflicts with the interest of the child may be overridden by a court ruling to ensure his stability and care.

What are the custody laws in the Kingdom of Saudi Arabia

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article One Hundred and Twenty-Four of the Personal Status Law and its regulations
• Article One Hundred and Twenty-Seven 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 Twenty-Nine of the Personal Status Law and its regulations