Child Custody (Hadana) in Saudi Arabia: Who Gets Custody, Support, Visitation, and the Najiz Process

What is custody?

Custody means caring for, raising and handling a child's day-to-day affairs after the parents separate. It's a right of the child before it's a right of either parent, so every ruling turns on a single standard: the child's best interest. Custody differs from guardianship over the person and property: a child can be in the mother's custody while guardianship stays with the father, and the two are separate matters that don't cancel each other out.

Who is entitled to custody?

As a rule under the Personal Status Law, the mother has priority for custody of her children after separation, provided she meets the conditions for custody. If the mother's custody isn't possible, the right passes to the next relative in line, in an order that accounts for the child's best interest and closeness to the caregiver. In every case, the court's decision stays tied to the child's best interest, not to either parent's wishes alone.

Does the mother need to file a lawsuit to establish custody?

One of the Personal Status Law's reforms is that the mother's custody of her children is established simply by the divorce, without needing to file a lawsuit, unless there's a dispute between the parents. If they agree, no litigation is needed; if they disagree over custody, visitation or support, the case is then filed with the Personal Status Court through Najiz.

When does custody lapse or transfer?

Custody isn't an absolute right; it can pass from the custodian if one of its conditions breaks down or if keeping it conflicts with the child's best interest. Reasons that can affect custody include:

• Inability to care for the child, or neglecting their upbringing and health.
• Causing harm to the child or exposing them to an unsafe environment.
• The custodian losing legal capacity or being unable to handle the child's affairs.
• A change in the custodian's circumstances that runs against the child's best interest.

A mother marrying a man unrelated to the child is a factor that can affect whether her custody continues, depending on the circumstances and the court's assessment of the child's best interest. It isn't an automatic disqualification in every case. Each case is reviewed on its own.

How long does custody last, and when can the child choose?

The Personal Status Law gives a child, on reaching age fifteen, the right to choose which parent to live with, taking their best interest and maturity into account. Before that age, the ruling turns on the child's best interest and the order of those entitled to custody. Check the details relevant to your child's age and situation with a qualified professional, since they can vary by case.

Support, housing and the custody allowance

Child support is the father's obligation, and typically covers food, clothing, housing, education and medical care based on his financial means. A child being in the mother's custody doesn't cancel this support obligation. The custodian may also be entitled to a custody allowance and housing costs for the child, depending on the circumstances and the court's assessment. If the father refuses to pay support, a support claim can be filed through Najiz, and support rulings can be enforced through the Enforcement Court.

Visitation rights

A child staying in one parent's custody doesn't deprive the other parent of seeing them. The non-custodial parent has the right to see, visit and host their children and stay in touch with them. If the parents disagree on how to arrange visitation, the court sets the time, place and duration in a way that serves the child's best interest.

How do you file a custody or visitation case through Najiz?

• Log in to the Najiz portal through the unified national access (Absher).
• Select the personal-status lawsuit service and specify the type of request (custody, visitation or support).
• Fill in the parties' and children's details, and upload the supporting documents.
• The case is usually referred first to a reconciliation center to attempt an amicable settlement.
• If reconciliation fails, the court reviews the request and rules in the child's best interest; the judgment is enforced through Najiz and the Enforcement Court if needed.

Documents usually required

• The applicant's ID (national ID or residency permit).
• The divorce document or proof of separation.
• The children's birth certificates or proof of parentage.
• Evidence of the father's income where possible, if claiming support.
• Any documents supporting your request or showing the child's best interest.

Required documents can vary by case type and department, so check the list when filing through Najiz.

Understand your child's rights before you see a lawyer

The HAQQ app explains the rules on custody, visitation and support in plain language, answers your questions, and prepares you to meet a lawyer more informed and organized. Free to download on iPhone and Android; it provides legal information, not advice, and doesn't replace a lawyer in serious cases.