BAHRAIN Child Abduction

Warning: Bahrain has not signed the Hague Convention on the Civil Aspects of International Child Abduction

U.S. State Department:

CUSTODY DISPUTES: There is no specific law in Bahrain governing child custody, with each dispute examined on a case-by-case basis. When child custody disputes arise between parents, one of whom is a citizen of Bahrain, custody decisions are based on Islamic (Shari''a) law. Two separate Islamic courts, representing the jurisprudence of the Sunni and Shia Islamic sects, enforce divergent interpretations of Islamic law. In general, the marriage contract determines which court will exercise jurisdiction. If the contract is silent on this issue, the court representing the husband’s sect will have jurisdiction. Non-Bahraini nationals, whether married to a Bahraini or other national, may file custody cases through a lawyer approved to practice in Bahrain in the court in which the marriage was legalized, whether Sunni, Shia or civil. Non-Muslims are permitted to file cases in the Bahrain civil court.

In determining issues of custody, Bahraini courts consider the parents’ religion, place of permanent residence, income, and the mother’s subsequent marital status. Priority is generally given to a Muslim father, irrespective of his nationality. Under Shari''a law a Muslim mother is usually granted custody of girls under the age of nine and boys under the age of seven, at which time custody is transferred to the father. If the mother is unavailable, an infant may be given to the grandmother on the mother''s side until s/he reaches the age of seven or nine. 

If the court finds the mother "incompetent," custody of the child, regardless of age, can be given to the father, or to the child’s paternal grandmother. A finding of incompetence is left to the discretion of the Shari''a judge. Shari''a courts have found parents incompetent if they are not Muslim or if they engage in behavior that is considered to be inconsistent with the Islamic faith. Remarriage to a non-Bahraini may be considered grounds for a finding of incompetence. Under Shari''a law, if a mother removes a child from the father thus denying him access, the mother''s custody rights can be severed. If both the mother and father are ruled incompetent, custody of the children is given to the women on the father’s side of the family.

If a child has attained the "age of discretion," that child may be allowed to choose the parent with whom he or she wishes to live. Since the "age of discretion" has no clear definition, a Bahraini lawyer should be contacted to discuss any specific case.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Bahrain if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to an American mother may not be honored in Bahrain if the mother intends to take the child to live outside Bahrain. Courts in Bahrain will not enforce U.S. court decrees ordering a parent in Bahrain to pay child support.

VISITATION RIGHTS: Non-custodial parents (both the mother and father) are entitled to visitation by prior arrangement of the competent court. Neither the court nor a custodial parent has the authority to stop a non-Bahraini parent from entering Bahrain to visit the child.

 International Child Custody Laws:

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Lawyers to march against 'injustice'

By MOHAMMED ASLAM and TARIQ KHONJI
5th December 2006

BAHRAINI lawyers will hold a three-hour rally on Wednesday to protest against a host of grievances including alleged mismanagement, a slow judicial process, discrimination and advocacy laws that allow foreign firms to operate in Bahrain.

The Bahrain Bar Association (BBA) is calling on Bahraini lawyers to attend the rally, which will be held outside the Justice Ministry, in the Diplomatic Area, from 9am to midday.

They say that Royal Decree 77 of 2006 has hurt their business by allowing foreign firms to "steal" their clients and described it as "unconstitutional".

The demonstrators are also advocates for the establishment of a Personal Status Law, which currently doesn't exist in Bahrain and would spell out the rules governing domestic disputes.

Critics say that the current system allows Sharia judges to issue widely different and sometimes contradictory sentences, which are often unfair to women.

The lawyers would also like to see the BBA turned into a trade union, while lawyer and member Rashid Al Jar said they were also protesting against disorganised administration.

"Court sessions never start on time," he told the GDN. "Court documents are lost in the system.

"Employees tell us that the ruling papers are with the Public Prosecution, which tells us that they are in the court - making us run around.

"Court sessions are delayed because the assistant public prosecutors do not turn up on time.

"There must also be a shortage of judges because in some courts the session does not start until sessions in other courts are over."

Mr Al Jar also claims the Justice Ministry does not recruit Bahraini lawyers as judges on the grounds that it can allegedly exercise more control over judges from Egypt and other countries.

He is also against the law that allows foreign firms to operate in Bahrain because they hurt local firms' business.

"We are against foreign legal firms and offices operating in Bahrain and believe that Royal Decree 77 of 2006 violates the Constitution. We want it to be revoked," he said.

Lawyer and BBA member Radhi Khalil agreed, claiming that international practice protects local lawyers from foreign competition.

He also called on the government to accept a BBA request to become a full-blown union.

"The BBA is working hard to turn into a trade union and the lawyers are working to achieve this" he said.

"The BBA has already sent letters to the relevant authorities and they are studying the matter."

Mr Radhi also called for the establishment of a written Personal Status Law, the lack of which he says causes much suffering among Bahraini Muslims.

He claimed the main obstacle is that some religious leaders, particularly among the Shi'ites, are objecting to it.

Mr Radhi said rulings that come out of Sharia courts are often harmful, leading to a great deal of resentment.

He also alleged that the system had victimised not only women and children, but men as well.

"Debate on this matter is continuing among religious scholars, public figures and officials," he said.

"We must not miss any opportunity to form this Personal Status Law with the co-operation of the religious authorities and experienced judges."

Lawyer Fouad Hameed Qrainees, who objected to foreign firms' presence in Bahrain, said that a Personal Status Law was a must.

"I endorse the idea of involving the BBA, religious figures and the government in formulating the Personal Status Law," he said.

"The absence of this law allows judge to issue judgements based on their individual viewpoints.

"We need this law to protect the rights of men and women because there are judges who are misusing their positions."

Mr Qrainees said he expects many religious scholars to oppose the idea, but added that there needs to be input from all stakeholders - including lawyers.

He also called for court procedures to be speeded up and made more efficient.

"Cases that should be dealt with quickly drag on for a long time," he said.

"The number of cases going before the courts is increasing, causing further delays."

© Gulf Daily News