Mothers can carry out all formalities related to her children at government offices, embassies, education offices and institutions
RIYADH, March 11 (CIC) – In a landmark decision, divorced mothers have been allowed to retain the custody of their children provided there are no disputes between the parents. Mothers can now submit a request to the relevant court, instead of fighting a legal battle to retain or win the custody of their children.
The new process has been mentioned in a circular to the courts from Sheikh Walid Al-Samaani, Minister of Justice and President of the Higher Council of the Judiciary.
“The Higher Council of the Judiciary has 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,” the statement read.
“For granting custody to a mother, the judicial panel considers her capacity for custody and then determines her application in accordance with Shariah and legal requirements, without the need for initiating a lawsuit, as is the case with all probate certifications indicated in Chapter 13 of the Law of Civil Procedure.”
The circular specified that a mother will have the right to carry out all formalities related to her children at government offices, embassies, education offices and institutions.
Furthermore, she can apply for and collect her children’s passports, as well as collect all child support and maintenance from government and civil entities. However, she would not be able to travel with her children outside the country without a judge’s permission.
The move comes as part of the efforts to empower Saudi women under the Kingdom’s Vision 2030 reform initiative.