Child Custody (Hadana) Rules in Saudi Arabia
Reviewed by the Commoner Law Editorial Team. Sourced from Saudi royal decrees, regulations, and ministerial decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The 2022 Personal Status Law reformed custody rules that were previously among the most inconsistent in the Gulf. The 2025 Implementing Regulations (gazetted 21 February 2025) close the remaining ambiguity:
- Categorical under-2 rule (Article 33 of the 2025 Implementing Regulations): a child under two years old remains in the mother's custody even if she remarries a man unrelated to the child — overriding the prior judicial practice that disqualified a remarrying mother. This is a bright-line rule that is not subject to judicial discretion below age 2.
- Best interests of the child (Article 124, post-2): from age 2 onwards, the best-interests standard applies, with the mother retaining priority absent a disqualifying factor.
- Father's guardianship (wilaya): the father retains guardianship for major decisions — education, travel, and medical treatment — unless the court rules otherwise.
- Child's preference: children aged 15 and older may express a preference, which the court considers alongside other factors.
- Visitation (mushahada): the non-custodial parent has a legal right to regular visitation. Courts set schedules if parents cannot agree, and enforcement is through the Execution Courts.
- Custody conditions: the custodial parent must be of sound mind, able to provide care, and not convicted of a crime involving the child. Under-2 the categorical rule above applies; over-2 remarriage is one factor in the holistic best-interests analysis.
Courts can modify custody at any time if circumstances change or the child's welfare requires it.
When does it apply?
- You are going through a divorce and have children under 18.
- You want to modify an existing custody arrangement.
- The other parent is denying your visitation rights.
What to Do If the Other Parent Is Denying Your Custody Rights or Visitation in Saudi Arabia
- File a custody petition through the Family Court via the Najiz portal (najiz.sa) if you cannot agree with the other parent.
- Document your ability to provide care — stable housing, income, the child's schooling, and healthcare arrangements.
- If visitation is being denied, file an enforcement request through the Execution Court via Najiz — courts take visitation violations seriously.
- Keep records of all communication about custody and the child's needs.
What should you NOT do?
- Do not take the child out of Saudi Arabia without court permission — this can result in criminal charges under the travel ban provisions and loss of custody.
- Do not withhold visitation — violating a court-ordered visitation schedule can lead to custody being transferred to the other parent.
- Do not involve the child in parental disputes — courts evaluate the child's emotional well-being, and using the child as leverage works against you.
Common Questions
When does it apply — child custody (hadana) rules?
You are going through a divorce and have children under 18.You want to modify an existing custody arrangement.The other parent is denying your visitation rights.
What should I do if my ex-spouse is blocking my access to my children or violating a custody order in Saudi Arabia?
File a custody petition through the Family Court via the Najiz portal (najiz.sa) if you cannot agree with the other parent.Document your ability to provide care — stable housing, income, the child's schooling, and healthcare arrangements.If visitation is being denied, file an enforcement request through the Execution Court via Najiz — courts take visitation violations seriously.Keep records of all communication about custody and the child's needs.
What should you NOT do — child custody (hadana) rules?
Do not take the child out of Saudi Arabia without court permission — this can result in criminal charges under the travel ban provisions and loss of custody.Do not withhold visitation — violating a court-ordered visitation schedule can lead to custody being transferred to the other parent.Do not involve the child in parental disputes — courts evaluate the child's emotional well-being, and using the child as leverage works against you.