Child Custody (Hadana) Rules
Written in plain language for general understanding. This is educational content, not legal advice. Based on Saudi royal decrees, regulations, and ministerial decisions.
Saudi National Law
What is this right?
Child custody (hadana) after divorce is governed by the Personal Status Law, which prioritizes the best interests of the child:
- Mother's priority: The mother generally has priority for physical custody of young children. The law does not set a rigid age cutoff but considers the child's welfare.
- Father's rights: The father retains guardianship (wilaya) for major decisions like education, travel, and medical treatment, unless the court rules otherwise.
- Child's choice: Older children (typically from age 15) may express a preference, which the court considers.
- Visitation: The non-custodial parent has a legal right to regular visitation. Courts set schedules if the parents cannot agree.
- Conditions for custody: The custodial parent must be of sound mind, able to care for the child, and not remarried to a non-relative of the child (though courts have discretion).
Courts can modify custody 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 should you do?
- File a custody petition through the Family Court (Najiz portal) if you cannot agree with the other parent.
- Document your ability to provide care — stable housing, income, and the child's schooling arrangements.
- If visitation is being denied, file an enforcement request with the court.
- Keep records of any communication about custody and the child's needs.
What should you NOT do?
- Do not take the child and leave the country without court permission — this can result in criminal charges and loss of custody.
- Do not withhold visitation — violating a court order can lead to custody being transferred to the other parent.
- Do not involve the child in parental disputes — courts take the child's emotional well-being into account.
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