International Parental Child Abduction
Saudi Arabia
January 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: The Kingdom of Saudi Arabia 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 Saudi Arabia and the
United States dealing with international parental child abduction. American
citizens who travel to Saudi Arabia are subject to the jurisdiction of Saudi
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 Saudi Arabia should bear this in mind.
CUSTODY DISPUTES: In Saudi Arabia, child custody is based on Islamic law. The
primary concern of Saudi courts in deciding child custody cases is that the
child be raised in accordance with the Islamic faith. Most custody disputes in
Saudi Arabia are handled by the Islamic "Shari'a" courts. In rare cases, the
Board of Grievances, a religious appeals court, has ruled on custody disputes.
Saudi courts generally do not award custody of children to non-Saudi women.
If the mother is an Arab Muslim, judges will usually not grant her custody of
children unless she is residing in Saudi Arabia, or the father is not a Muslim.
All Saudi citizens are considered to be Muslim.
Since Saudi women are prohibited from marrying non-Muslims, custody disputes
between a Saudi mother and American father would be heard by the Shari'a court,
which would usually apply Islamic rules of custody and decide the case on its
merits. If the mother wins custody, the father is usually granted visitation
rights. According to Saudi law, a child whose mother is Saudi and father is
non-Saudi is not granted Saudi citizenship. However, even if an American father
wins custody of his children, he may still need permission from the Saudi mother
to remove the children from Saudi Arabia.
Saudi courts hesitate to rule in a child custody case if both parents are
non-Muslim. The court will refer the case to the family court in the country
from which the parents came. Often, if pressured to address such a situation,
the court will rule that both parents should be deported from Saudi Arabia to
avoid complications and embarrassment.
Normally, under Shari'a law, a mother can maintain custody of her male
children until the age of nine, and female children until age seven. In practice
the courts favor keeping children within a strict Islamic environment. Shari'a
court judges have broad discretion in custody cases and often make exceptions to
these general guidelines.
Even when a mother who is residing in Saudi Arabia is granted physical
custody of children, the father maintains legal custody and has the right to
determine where the children live and travel. In many cases, the father has been
able to assume legal custody of children against the wishes of the mother when
she is unable or unwilling to meet certain conditions set by law for her to
maintain her custodial rights. For example, if the mother moves to another
country, the father is entitled to have custody. A court can sever a mother's
custody if it determines that the mother is incapable of safeguarding the child
or of bringing the child up in accordance with the appropriate religious
standards. The mother can lose custody by re-marrying a non-Muslim, or by
residing in a home with non-relatives. Shari'a law allows custody of children to
be awarded to the closest male relative of a Saudi father in the case of death
or imprisonment of the father, even if the Saudi father has made clear his wish
that the children's mother have full custody.
Persons who wish to pursue a child custody claim in a Saudi court should
retain an attorney in Saudi Arabia. The U.S. Embassy in Riyadh and the
Consulates General in Dhahran and Jeddah maintain lists of attorneys willing to
represent American clients. U.S. government officials cannot recommend an
attorney and make no claim as to the professional ability or integrity of the
attorneys on these lists. The U.S. government does not pay legal expenses. A
copy of these lists may be obtained by contacting the following offices. The
work week in Saudi Arabia is Saturday through Wednesday.
U.S. Embassy Riyadh
P.O. Box 94309
Riyadh 11693
Phone: [966] (1)
488-3800
Fax: [966] (1) 488-7275
U.S. Consulate General Jeddah
P.O. Box 149
Jeddah
Phone: [966] (2)
667-0080
Fax: [966] (2) 669-3078 or 669-3098
U.S. Consulate General Dhahran
P.O. Box 39855
Doha-Dhahran
31942
Phone: [966] (3) 330-3200
Fax: [966] (3) 330-6816
U.S. Department of State
Office of Overseas Citizen
Services
Washington, DC 20520
Phone: (202) 647-5226
Specific questions regarding child custody in Saudi Arabia should be
addressed to a Saudi attorney or to the Embassy or one of the Consulates General
of the Kingdom of Saudi Arabia at:
Embassy of the Kingdom of Saudi Arabia
601 New Hampshire Avenue,
NW
Washington, DC 20037
Tel: (202) 342-3800
Saudi Consulate General in New York
866 United Nations Plaza
Suite
480
New York, NY 10017
Tel: (212) 752-2740
Saudi Consulate General in Houston
5718 Westheimer
Suite
1500
Houston, TX 77057
Tel: (713) 785-5577
Saudi Consulate General in Los Angeles
Sawtelle Courtyard Building
2045
Sawtelle Blvd.
Los Angeles, CA 90025
Tel: (310) 479-6000
ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign
courts are generally not enforceable in Saudi Arabia. For example, an order from
a U.S. court granting custody to an American parent will not be honored in Saudi
Arabia. Courts in Saudi Arabia will not enforce U.S. court decrees ordering a
parent in Saudi Arabia to pay child support.
VISITATION RIGHTS: Women entering Saudi Arabia with the intent of visiting
their children may do so only with the written permission of the father of the
children. The father must file a "statement of no objection" with the Saudi
Ministry of Interior before the mother will be granted a visa to enter the
Kingdom. This includes Muslim fathers who are non-Saudi nationals. If the father
refuses to sponsor the mother, or to authorize a child’s travel to another
country, there is little that can be done to effect a visit. The U.S. Embassy
and Consulates General are not able to help American parents to obtain visas to
Saudi Arabia without a no-objection letter. Neither the U.S. State Department
nor the U.S. Mission in Saudi Arabia may serve as a woman's sponsor. Women
visitors are required to be met by their sponsor upon arrival in Saudi
Arabia.
If a non-Saudi father wants to enter the Kingdom to visit his children, he
can do so by applying for a Saudi visa with proof that his children are living
in Saudi Arabia. Saudi authorities may consult with the mother if she is Saudi,
who may be able to prevent issuance of the visa.
Some American Muslim parents have considered traveling to Saudi Arabia on
Umrah (religious pilgrimage to Mecca) as a means to visit their children.
However, issuance of an Umrah visa does not guarantee that a parent will be
permitted to see his or her children once in the Kingdom. If a woman is not
divorced, the Saudi Embassy has the right to ask for her husband's permission
for another family member (e.g. son) to act as the mother's Mahram. If the
mother is divorced, the Saudi Embassy will ask to see the divorce certificate
before granting the Umrah visa. Women married to Saudis should keep in mind that
even when they enter the Kingdom on an Umrah visa, they would need their Saudi
husband's permission to depart the country.
Persons who obtain a visa for business or religious visits (Hajj and Umrah)
with the intention of visiting their children may face legal penalties including
detention and/or deportation. While visitor visas are issued for approved tour
groups following organized itineraries, these visitors are not permitted to
travel outside the set itinerary.
Before traveling to Saudi Arabia to visit their children, women should
consider whether they obtained a complete Islamic declaration of divorce from
the Shari'a court in Saudi Arabia. Secular, American divorce orders are not
recognized by the Shari'a courts. Although an Islamic divorce can be obtained
from several mosques within the U.S., it has been the experience of several
divorced spouses in the U.S. that the Shari'a courts in Saudi Arabia will not
recognize orders originating from an American mosque. The purpose of obtaining a
Shari'a declaration is to establish the legal personal status of the mother
prior to traveling to the Kingdom. If an American woman is considered to still
be married, the "husband" can prohibit the woman from departing Saudi
Arabia.
On rare occasions, Saudi families have paid for a non-Saudi mother to live in
a neighboring country and visit her children in Saudi Arabia on a regular
basis.
DUAL NATIONALITY: Dual nationality is not recognized under Saudi law.
Children of Saudi fathers automatically acquire Saudi citizenship at birth,
regardless of where the child was born. Saudi women cannot transmit citizenship;
therefore, their children would acquire only the citizenship of the father.
Saudis must enter and leave the country on Saudi passports even if they are
entitled to hold the passport of another country.
TRAVEL RESTRICTIONS: Exit visas are required to leave Saudi Arabia. The U.S.
Embassy or Consulates General cannot obtain exit visas for American citizens.
Women must have permission from their husband or father to exit Saudi Arabia.
The government of Saudi Arabia has been known to issue international arrest
warrants against women who have taken their children from Saudi Arabia without
the father's permission.
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 and/or assistance in
either preventing or responding to an 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 flyer. 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.