BAHRAIN LAW NO. (19) OF 2017 WITH RESPECT TO THE PROMULGATION OF THE FAMILY LAW

Sub-Chapter Two: Custody

 

Article (123)

Custody is to keep, raise and take care of a child without prejudice to the guardian’s right of personal guardianship.

Article (124)

According to the Sunni jurisprudence, a women’s custody ends when males turn fifteen years old. For females, custody ends upon marriage and consummation by the husband.

According to the Jaafari jurisprudence, a mother’s custody ends when the son or daughter turn seven years old, after which custody shall be transferred to the father.

 Article (125)

1. According to the Sunni jurisprudence, if a male reaches fifteen years of age, or a female reaches seventeen years of age and has not got married and the marriage was not consummated, both of them shall have the right to join either of their parents or those who have the right to custody, as they may wish. If either of them choose to stay with their female custodian, they shall continue with her without a custody wage, subject to provisions of Article (136) of this Law.
2. According to the Jaafari jurisprudence, the option of joining either parent shall be given to a female upon completing the age of nine and the male upon completing the age of fifteen, provided that they are sane.

Article (126)

The custodian must meet the following conditions:

1. Must be a Muslim.
2. Sane.
3. Adult.
4. Can be trusted with the child in custody.
5. To be able to raise, keep, take care of and look after the interests of the child in custody.
6. To be free from communicable and dangerous diseases.

Article (127)

Subject to the conditions stipulated in Article (126) of this Law, a custodian shall also meet the following conditions:

1. According to the Sunni jurisprudence:
2. If the Custodian is a woman: she shall not be married to a stranger to the child in custody unless the court decides otherwise for the interest of the child.
3. If the custodian is a man:

1) He shall have with him a woman who is capable of taking custody of the child.

2) He shall be unmarriageable to the child in custody, if the child is a female.

2. According to the Jaafari jurisprudence, a mother’s right to custody shall be rescinded if she marries another man, unless a court decides otherwise.

Article (128)

Custody is a joint duty of both parents together as long as they remain married. In case of separation, the custody shall be:

1. According to the Sunni jurisprudence: for the mother, then the mother’s mother no matter how high in lineage, then to the father’s mother, then the father. In addition, custody shall be for the sister of the child in custody, then to the maternal aunt, then to the paternal grandmother, then to the daughter of the brother, then to the daughter of the sister, unless a judge decides otherwise for the benefit of the child in custody. In all cases, a true sibling shall have priority followed by a maternal sibling then the paternal sibling.
2. According to the Jaafari jurisprudence: for the mother and then the father. If the father dies or is rescinded from custody, it shall return to the mother, then to the paternal grandfather, then to the custodian (Wasi) from the father’s side, if any, and then to the relatives of the child in custody according to the inheritance order.

Article (129)

If the parents are not present and the custody is not accepted by any of those who are entitled to it, a judge shall choose a person whom he deems fit from among the relatives of the child in custody, and then from others, or an institution qualified for this purpose.

Article (130)

A judge may seek the assistance of specialists and experts in psychological and social matters when determining the custody to serve the best interest of the children, without prejudice to the provisions of the preceding articles.

Article (131)

The judgment of custody shall entail that the custodian shall have all of the identity papers of the child in custody, and such judgment shall be covered by an expeditious enforcement.

Article (132)

1. If the mother leaves the matrimonial home for a dispute or other reasons, she shall not lose her right to custody unless the judge decides otherwise for valid reasons.
2. If the child in custody is too young to be separated from his mother, she shall be obligated to take his custody, unless the judge decides otherwise.

Article (133)

The father or the other guardians shall look after the affairs, discipline, guidance and education of the child in custody, and shall ensure that the child in custody spends the night in the custodian home only, unless a judge decides otherwise.

Article (134)

1. A female custodian may not reside with the child in custody in another country except by permission of his guardian or custodian (Wasi).
2. A guardian, whether a father or another person, may not travel with a child in custody for permanent residence outside the country, except with the permission of his female custodian.

Article (135)

A person, entitled to take custody of a child, shall have the right to reside in the country for the duration of the custody if the child in custody is a Bahraini citizen, unless there is a judgment to expel the custodian from the country.

Article (136)

The right of custody shall be rescinded in the following cases:

1. If any of the conditions mentioned in Articles (126) and (127) of this Law is not fulfilled.
2. If the custodian settles in a country where it is difficult for the guardian of the child in custody to perform his duties, without prejudice to Article (134) of this law.

According to the Sunni jurisprudence:

1. If a person entitled to the custody fails to claim it for a period of one year, unless the judge determines otherwise.
2. If the new female custodian lives with a women whose custody has been rescinded for a reason other than physical disability, unless the person entitled to the custody accepts this explicitly or implicitly.

Article (137)

The custody shall return to those who lost it if the cause of custody dismissal ceases to exist.

Article (138)

1. If a child is in the custody of one of the parents, the other parent shall have the right to visit, receive and accompany him as may be decided by a judge.
2. If one of the parents of the child in custody is deceased or absent, the unmarriageable relatives of the child in custody shall have the right to visit, receive and accompany him as may be decided by a judge.
3. If a child in custody is staying with a person other than his or her parents, the judge shall determine the person entitled to visit him or her from amongst his or her unmarriageable relatives.

Article (139)

1. If a visit cannot be organized by agreement, it shall be arranged by the judge, provided that it shall take place at a time and place that does not cause psychological harm to the child. The same procedure shall apply to the enforcement of the custody judgment.
2. A visitation judgment shall not be enforced coercively; and if a person responsible for a child refuses to comply with the judgment without an excuse, the judge shall warn him or her. If this act is repeated again, the execution judge, at the request of the person entitled to the visit, may refer the file to the Trial court matter to decide expeditiously what it deems appropriate for the child in custody and such judgment shall be covered by an expeditious enforcement.
3. A custody judgment shall not be enforced by coercively unless a judge determines otherwise.