Landmark decision strengthens child custody rights for Saudi divorcees

Divorced mothers in Saudi Arabia will now be able to retain custody of their children without filing lawsuits, provided there are no disputes with the fathers.

The decision allows women to submit a request form to court instead of fighting a long legal custody battle and is part of the kingdom’s efforts to empower women through Vision 2030, put forth by Crown Prince Mohammed bin Salman.

Sheikh Walid Al Samaani, Minister of Justice and President of the Higher Council of the Judiciary, released a circular to the courts officially announcing the new process, the Ministry of Information said yesterday.

It said the council had studied the matter and decided that “a mother may submit a probate application to the competent court for certifying her custody of her children, provided she signs an acknowledgement of no existing disputes”.

“For granting custody to a mother, the judicial panel considers her capacity for custody and then determines her application in accordance with Sharia and legal requirements.”

Sheikh Walid said the mother would have the right to carry out all formalities for her children at government offices, embassies and schools.

She would also be able to apply for and collect her children’s passports and collect child support from government and civil entities.

Mothers would need the permission of a judge to take their children out of Saudi Arabia.