SCA 31/154/2006
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
Children, Custody & Access, Divorce
Copyright
LexisNexis
Decision date
1 Jan 2006
Catchwords
Custody – Waiver – Age of child – Access
This case involved a claim for custody of a child by a woman who it was stated had waived her right to custody. As a result of the age of the child, custody remained the mother's right. However, the father had access rights.
Background
A wife filed a case before Riyadh General Court claiming she had married a man and left him after three months to go back to her family and she had had a son with him. She added he had taken the child from her and left her with her family. She filed the case to get custody. The husband conceded her claims were correct but stated he had taken the child from the mother with her consent because she had waived her right to custody and as such she should not file the case. The wife stated she had been forced to waive her right to custody. The husband then claimed she was not fit to take care of the child. Although, the husband admitted later that she had waived her right to custody in order to get the divorce.
Decision