International Parental Child Abduction
Bahrain January 2, 2002 DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel. GENERAL INFORMATION: Bahrain is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between Bahrain and the United States dealing with international parental child abduction. American citizens who travel to Bahrain are subject to the jurisdiction of Bahraini courts, as well as to the country's laws and regulations. This holds true for all legal matters including child custody. Parents planning to travel with their children to Bahrain should bear this in mind. CUSTODY DISPUTES: There is no specific law in Bahrain governing child custody, with each dispute examined on a case-by-case basis. When child custody disputes arise between parents, one of whom is a citizen of Bahrain, custody decisions are based on Islamic (Shari'a) law. Two separate Islamic courts, representing the jurisprudence of the Sunni and Shia Islamic sects, enforce divergent interpretations of Islamic law. In general, the marriage contract determines which court will exercise jurisdiction. If the contract is silent on this issue, the court representing the husband’s sect will have jurisdiction. Non-Bahraini nationals, whether married to a Bahraini or other national, may file custody cases through a lawyer approved to practice in Bahrain in the court in which the marriage was legalized, whether Sunni, Shia or civil. Non-Muslims are permitted to file cases in the Bahrain civil court. In determining issues of custody, Bahraini courts consider the parents’ religion, place of permanent residence, income, and the mother’s subsequent marital status. Priority is generally given to a Muslim father, irrespective of his nationality. Under Shari'a law a Muslim mother is usually granted custody of girls under the age of nine and boys under the age of seven, at which time custody is transferred to the father. If the mother is unavailable, an infant may be given to the grandmother on the mother's side until s/he reaches the age of seven or nine. If the court finds the mother "incompetent," custody of the child, regardless of age, can be given to the father, or to the child’s paternal grandmother. A finding of incompetence is left to the discretion of the Shari'a judge. Shari'a courts have found parents incompetent if they are not Muslim or if they engage in behavior that is considered to be inconsistent with the Islamic faith. Remarriage to a non-Bahraini may be considered grounds for a finding of incompetence. Under Shari'a law, if a mother removes a child from the father thus denying him access, the mother's custody rights can be severed. If both the mother and father are ruled incompetent, custody of the children is given to the women on the father’s side of the family. If a child has attained the "age of discretion," that child may be allowed to choose the parent with whom he or she wishes to live. Since the "age of discretion" has no clear definition, a Bahraini lawyer should be contacted to discuss any specific case. Persons who wish to pursue a child custody claim in a Bahraini court should retain an attorney in Bahrain. The U.S. Embassy in Manama maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained by contacting the Embassy or the U.S. Department of State. U.S. government officials cannot recommend an attorney and make no claim as to the professional ability or integrity of the attorneys on this list. The U.S. government does not pay legal expenses. A copy of this list may be obtained by contacting the following offices. U.S. Embassy Manama American Embassy
Box 26431
Manama, Bahrain Phone: 973-273-300
After hours: 973-275-126
Fax: 973-272-594
Work Week: Saturday through Wednesday U.S. Department of State
Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743 Specific questions regarding child custody in Bahrain should be addressed to a Bahraini attorney or to the Embassy of Bahrain at: Embassy of the State of Bahrain
3502 International Drive, NW
Washington, DC 20008 Phone: (202) 342-0741
Fax: (202) 362-2192 ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Bahrain if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to an American mother may not be honored in Bahrain if the mother intends to take the child to live outside Bahrain. Courts in Bahrain will not enforce U.S. court decrees ordering a parent in Bahrain to pay child support. VISITATION RIGHTS: Non-custodial parents (both the mother and father) are entitled to visitation by prior arrangement of the competent court. Neither the court nor a custodial parent has the authority to stop a non-Bahraini parent from entering Bahrain to visit the child. DUAL NATIONALITY: Dual nationality is not recognized under Bahraini law. Children of Bahraini fathers automatically acquire Bahraini citizenship at birth, regardless of where the child was born. Bahraini women can only transmit citizenship in rare instances when there is official intervention from the Bahraini government. Bahrainis must enter and leave the country on Bahraini passports even if they are entitled to hold the passport of another country. TRAVEL RESTRICTIONS: No exit visas are required to leave Bahrain. When a custody case is before the local court, children, regardless of their nationality, are generally subject to court-imposed travel restrictions. Either parent can request that a court issue an order restricting the travel of minor children, and immigration authorities will enforce that travel restriction. This travel restriction applies to children who are American citizens. CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation (FBI). Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org. For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov. The State Department has general information about hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Public Announcements or Travel Warnings that may recommend U.S. citizens deter travel to that country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department’s Office of Overseas Citizen Services at (202) 647-5225. | 
