CUSTODY To decide on custody disputes, the Bahrain courts will take into consideration the religion, residence, income, marital status, health, and all surrounding circumstances of each of the parents. Pursuant to Article (129) of the Family Law, the wife will normally have custody of the son under 15 years and the daughter until she is 17 or she marries. Once the child has attained the age of discretion, he/she will be allowed to choose the parent or the legal custodian he/she wishes to live with, within the limitations of the Family Law. It is worth mentioning that the Kingdom of Bahrain has faced some controversy in relation to parental child abduction. The Kingdom of Bahrain deems parental child abduction a criminal offence only if a parent removes the child from the person awarded custody or who is otherwise entitled to custody (i.e. after the act is done). If there is an ongoing custody dispute or if there is a real risk that a parent may abduct the child, either parent may apply to the Bahraini court to impose a travel ban on the child but it is not guaranteed that the court will make such an order. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is aimed to serve as an agreement between member States to ensure the return of any abducted children until custody and access are settled by the competent court of jurisdiction. The Kingdom of Bahrain has yet to sign this Convention.
Posted on: Tue, 23 Sep 2014 20:57:56 +0000
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