After spouses separate, many issues may arise, including alimony, child custody judgments, and other related matters. In this article, we provide you with complete information about How to Enforce a Child Custody Judgment in Bahrain, along with the legal procedures taken against the party who refuses to comply with the judgment.
Do you have a child custody judgment but the other party is delaying enforcement or preventing the handover of the children?
Contact a Child Custody Enforcement Lawyer NowIf you would like to know the enforcement steps first, you can continue reading calmly.
Table of Content
How to Enforce a Child Custody Judgment in Bahrain
Child custody under Bahraini law is considered one of the sensitive matters that requires careful procedures due to the special nature of the child in custody and the importance of the age stage they are going through. Accordingly, the Bahraini legislator has determined the age at which the child may choose between their parents.
According to Sunni jurisprudence, when the male child reaches fifteen years of age, or when the female child reaches seventeen years of age, provided that she has not married and the marriage has not been consummated, each of them may choose whether to stay with either parent or any person legally entitled to custody.
On the other hand, Jaafari jurisprudence grants the child in custody the right to choose which parent to join when the female reaches nine years of age, while the male retains this right until reaching fifteen years of age.
Regarding the enforcement of a child custody judgment, the court considers the best interests of the child and ensures their legal protection. Therefore, the party seeking custody files a custody claim before the competent court and requests custody after completing all required procedures.
After submitting all supporting evidence, the judge issues a custody judgment. However, the Bahraini Family Law provides that a child custody judgment cannot be enforced compulsorily unless the judge determines that such enforcement is appropriate.
After the custodian obtains the custody judgment, the judgment includes the delivery of all official identification documents belonging to the child in custody, and the judgment is considered immediately enforceable.
The Bahraini legislator has also taken into consideration the importance of allowing the other parent to visit the child in custody, due to the significant impact this has on the child’s psychological and physical well-being.
In this context, and according to Sunni jurisprudence, women’s testimony is accepted in matters related to proving custody.
FAQ About How to Enforce a Child Custody Judgment in Bahrain
Many questions arise regarding How to Enforce a Child Custody Judgment and the main procedures taken by the judge to protect the child’s best interests and achieve justice. We answer these questions below:
What Are the Steps to Enforce a Child Custody Judgment in Bahrain?
The process generally starts by filing a custody claim, completing the required court procedures, and submitting the relevant evidence. The judge then reviews the case and issues a judgment, which may be subject to immediate enforcement.
When Is the Father Entitled to Child Custody?
Under Jaafari jurisprudence, if the mother loses custody for any legally recognized reason, custody may pass to the father, provided that he meets the legal requirements applicable to a male custodian.
Can the Custodian Live With the Child in Another Country After Obtaining a Custody Judgment?
No. A female custodian may not reside with the child in another country unless she obtains permission from the child’s legal guardian or guardian appointed by law.
This concludes our article about How to Enforce a Child Custody Judgment in Bahrain, where we discussed custody entitlement for the father and maternal grandmother’s custody rights, and answered the most common questions related to this subject.
We also highlighted the importance of seeking assistance from a qualified child custody lawyer in Bahrain who can assist you with litigation procedures and the enforcement of custody judgments. You can contact us by clicking the WhatsApp button at the bottom of the screen.
You can also continue reading: How to understand custody arrangements after divorce under Bahraini law.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
