RIYADH: The absence of the husband at a court hearing a child custody case, despite sufficient legal notice, enables the mother to have guardianship of a child.
“The voluntary absence of a father before a court hearing a child custody case would be in favor of the mother,” a judicial source said.
Bolstering his claim, a sociology specialist said, “The problem lies in voluntary absence during a court hearing rather than otherwise.”
This occurred in one of the cases filed with the courts during the last two years; other family-related issues include divorce.
Commenting on the issue, a member of the Judiciary Committee of the Shoura Council said that there’s no legal text that determines the time of the absence of the husband between a couple.
“In this case, we should resort to what the general law, which focuses on avoiding causing harm to others. A woman who is afraid to stay alone without a husband and has no guardian has the right to seek divorce with the court and look for another husband,” he said.
He added that if and when the court grants the wife’s petition for a divorce, she could marry again.
A source added that the total number of recorded cases involving persons and family relations during the last two years totaled 11,986, representing 12.8 percent of the total court cases filed with the courts for resolution.
“The voluntary absence of a father before a court hearing a child custody case would be in favor of the mother,” a judicial source said.
Bolstering his claim, a sociology specialist said, “The problem lies in voluntary absence during a court hearing rather than otherwise.”
This occurred in one of the cases filed with the courts during the last two years; other family-related issues include divorce.
Commenting on the issue, a member of the Judiciary Committee of the Shoura Council said that there’s no legal text that determines the time of the absence of the husband between a couple.
“In this case, we should resort to what the general law, which focuses on avoiding causing harm to others. A woman who is afraid to stay alone without a husband and has no guardian has the right to seek divorce with the court and look for another husband,” he said.
He added that if and when the court grants the wife’s petition for a divorce, she could marry again.
A source added that the total number of recorded cases involving persons and family relations during the last two years totaled 11,986, representing 12.8 percent of the total court cases filed with the courts for resolution.
