RGC 3/339/2006

This case involved a request by a mother for the custody of her two sons, who were aged eleven and thirteen. The custody had gone to their father. There were no provisions to prevent their mother from visiting them. It was stated that if the residence of the two parents changed, for example if the mother move to a different country the custody case could be examined again.

A wife filed a case before Riyadh General Court claiming that she was married to a man and had two children with him one 13 years old and other 11 years old. The wife also claimed that the two children now live with their father and that she agreed with the father to take the children to visit her when she wanted to but that he failed to honour the agreement. The wife, therefore, filed the case requesting custody of the children.

The husband aid that the wife's claims are true; however, he does not agree to give her custody of the children because she is unable to do so.