Friday, 30 January 2015

Who gets the Child’s custody after divorce in Saudi Arabia?

When a couple is going through a divorce the most effect eventually ends up on the children and the family overall. A child has to go through many questions, answers to which he cannot get from neither of his parents. If children are young it leaves an everlasting effect on them because of the fact that they must live without either the mother of father. In Saudi Arabia however a child may not have a choice. A child needs both love of mother and supervision of father. If he does not get any one of them, the situation becomes tragic and something remains missing in his personality for the rest of his life.

Divorce between Muslim Father and Non-Muslim Wife
In the Kingdom of Saudi Arabia, Shariah and Islamic Law will be considered no matter whatsoever. According to the Shariah Law children will eventually be given to the father since he is Muslim. The case here is the a Saudi Muslim Father will have custody of his children because the children are Muslim and must remain to be grown in the Islamic environment. Many Saudis marry American Women but this does not change the laws and eventually these women have to leave the Kingdom because they have eventually lost the sponsor because of which they had been staying in the country.

When can woman take custody of children?
It is unfortunate for the woman since the United States cannot intervene in the child custody procedure thus the woman has to leave the Kingdom of Saudi Arabia without her child / children. However this does not always imply that children may always have to go to the father. If the relationship between the divorced couple is good enough they may switch custodies. Under the Shariah Law a women can keep custody of a daughter till she is 7 and of a son till the age of 9. After this age if the custody is still with the mother, parents may have had a mutual understanding and allowed the custody to take place.

Even though the Saudi Government has tried a lot to save marriages but despite all of the efforts couples get a divorce. They are unable to save it in that condition. Like I mentioned earlier the most effect is subjected on to the children. Under different laws in different countries custody is usually handed over to the mother since she is able to bring up the children better. The father however must pay for all the expenses of the children even after divorce. It is usually till the age of eighteen. In other countries that children have to live by the court custody decision after which maybe they can change their legal guardian and move in to stay with the father or continue with the mother.

Maybe certain laws and regulations eventually bring a lot of stress over the young minds and put them through hell in such a young age. Many children do not even know what is actually going on. They are either deprived from seeing their mother or father and then they eventually find themselves to be alone no matter what happens in their life. Maybe sometime soon parents will try to put their children first and protect the parent separation after all a divorce is between couples and should not affect the children.

Other Laws of Saudi Arabia
  1. Couples Living in same Flat before Marriage
  2. Laws related to smoking cigarettes and Shisha in KSA
  3. Travelling without Iqama or Expired Iqama
  4. Rights of Apartment Tenants in Saudi Arabia
  5. Can we worship any religion in Saudi Arabia other than Islam?


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