Appealing a Child Maintenance Judgment in Bahrain

Appealing a Child Maintenance Judgment in Bahrain may be filed by the mother to request an increase in child maintenance.

It may also be submitted by the father to request a reduction in the maintenance amount if his financial circumstances have become difficult. Therefore, we will provide you today with the best sample of a maintenance judgment appeal in Bahrain, along with the documents that must be attached to the appeal claim.

Has a maintenance judgment been issued that does not match your children’s actual needs or exceeds your real financial ability?

Contact a maintenance lawyer nowOr you can review the appeal requirements and procedures carefully through this article.

Memorandum for Appealing a Child Maintenance Judgment in Bahrain

Below is a sample memorandum for appealing a child maintenance judgment, provided as an example for anyone who wants to understand the format of an appeal submitted before the Court of Appeal.

To the Court of Appeal in Bahrain

Appellant: ــــــــــــ
Address: ــــــــــــ
Represented by Attorney: ــــــــــــ

Respondent: ـــــــــــــــ
Represented by Attorney: ــــــــــــــ

Subject: Appeal against Judgment No. ـــــــ dated ـــــ/ ـــــ/ ـــــ issued in Case No. ــــــــ dated ـــــ/ ـــــ/ ـــــ, concerning a request to reduce child maintenance.

Facts of the Appeal:

The appellant submits this appeal to challenge the judgment issued against him by the Court of First Instance, which ordered the reduction of maintenance due to his financial inability resulting from losing his employment.

The appellant also submits evidence proving that the children are financially capable and have assets from which they can cover their own expenses.

The mother is also able to contribute to their expenses because she is employed and receives a good income. Therefore, the appellant requests a reduction of maintenance and limiting it to essential needs only, due to his inability to bear additional financial burdens, relying on the provisions of the Bahraini Family Law.

Based on the above, we respectfully request that your honorable court:

• Accept the appeal in form and substance.
• Overturn the appealed judgment and replace it with a judgment reducing the maintenance amount by 25%.
• Order the respondent to bear legal expenses, court costs, and attorney fees.

With full respect,

Bahrain ـــــــــــــ

Attorney representing the appellant ــــــــــ

Signature ـــــــــــ

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Judicial Precedents in Appealing a Child Maintenance Judgment

The Sharia Court of Cassation overturned a case involving a wife’s claim for marital maintenance and housing for herself and her children, as reported by lawyer Eman Al-Assar to Al-Ayam Bahrain newspaper.

Regarding the details of the case, the lawyer explained that her client had filed a claim against her husband before the Jaafari Sharia Court requesting custody of their children, obligating him to provide maintenance and Eid clothing expenses, as well as marital maintenance for herself and twice-yearly Eid clothing allowance, in addition to requiring him to provide a separate marital residence or a housing allowance.

The lawyer added that her client’s husband had refused to provide maintenance for her and the children despite his financial ability, and he had also failed to provide a suitable marital residence. This led her to file the claim after attempts to resolve the dispute through the Family Reconciliation Office had failed.

The case was then referred to the court, which heard witnesses from both parties. The court ruled that the respondent must pay 70 Bahraini dinars per month as marital maintenance, 100 Bahraini dinars once a year for her clothing allowance, provide a marital residence, and pay 200 Bahraini dinars as child maintenance, along with the same amount once a year for children’s clothing expenses.

Reasoning of the Court of Cassation

The Court of Cassation stated in the reasons for its judgment that court decisions must be based on clear and specific grounds that demonstrate the court’s understanding of the facts of the case based on the documents and evidence submitted.

The court also explained that the facts reached by the lower court were supported by legally required evidence and were sufficient to lead to the conclusion reached in its judgment.

Accordingly, the court ruled to accept the appeal in form and, regarding the substance, partially overturn the challenged judgment.

Frequently Asked Questions

Among the questions commonly  asked Appealing a Child Maintenance Judgment in Bahrain:

This concludes our article on Appealing a Child Maintenance Judgment in Bahrain, where we discussed the most important information related to appealing child maintenance judgments and the procedures associated with them. To learn more about the husband’s defense memorandum in a child maintenance appeal, you can follow our previous articles.

You can also read:
Appealing a Wife’s Maintenance Judgment in Bahrain

The Husband’s Legal Obligation to Pay Maintenance in Bahrain
Maintenance Cases Lawyer in Bahrain

Lawyer Abdulrahman Khalifa

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