CHILD ABDUCTION IN BAHRAIN
Warning: Bahrain has not signed the Hague Convention on the Civil Aspects of International Child Abduction 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. 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.
