BAHRAIN: CHILD ABDUCTION AND CHILD CUSTODY

JEREMY D. MORLEY

jmorley@international-divorce.com

International Child Abduction

Bahrain has not signed the Hague Convention on the Civil Aspects of International Child Abduction. If one parent removes a child to Bahrain without the consent of the other parent or retains a child in Bahrain without that parent’s consent, the Convention will be of no assistance. Whether or not the left-behind parent is able to secure the child’s return will depend on the Bahraini courts, whose decisions will focus significantly on the religion, age and gender of the children and the parents.

Custody Disputes

The law of Bahrain governing child custody is primarily set forth in Bahraini Law No. (19) of 2017 with respect to the Promulgation of the Family 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.

The statute provides that the child’s mother is normally entitled to sole physical custody of the child, unless she is disqualified. (Article 128). There are different provisions for Sunni Muslims and Shia Muslims as to who will have physical custody if the mother is disqualified. In determining issues of custody, Bahraini courts may consider the best interests of the child. (Article 130). The father of the child normally has sole guardianship of the child, which is akin to legal custody. (Article133). As guardian, he is responsible for “the affairs, discipline, guidance and education” of the child. (Article 133). 

The statute further provides that the custodial mother may not reside or travel with the child outside Bahrain without the permission of the guardian. (Article 135). 

If neither parent is a Muslim, they might choose to have the matter decided by a Bahraini court in accordance with the law of their common nationality.

Enforcement of Foreign Judgments

Custody orders and judgments of foreign courts are not enforceable in Bahrain if they are not final or if the courts of the Kingdom of Bahrain are competent to hear the dispute in which the judgment or order was issued or if the orders contradict or violate local laws and practices. (Article 16 of the Bahraini Legislative Decree No. (22) of 2021, promulgating the Implementation Law in Civil and Commercial Matters). In one case, an order from a U.S. court granting custody to an American mother was not honored in Bahrain when the mother intended to take the child to live outside Bahrain. In 2024, the Court of Cassation in Bahrain stated that public policy includes fundamental principles related to the political system, social standards, economic structure, and moral values of society.

Visitation Rights

Non-custodial parents are normally 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.

Travel Restrictions of Minor Children

When custody disputes arise and a custody case is before the local court, children, regardless of their nationality, may be subject to court-imposed travel bans. Even when custody is not an issue, the father can request that the court restrict the travel of minor children.