Guidance

Information on child abduction in Saudi Arabia

Updated 28 April 2021

Disclaimer

Any information contained in these pages relating to the legal system in Saudi Arabia is provided for general information only. Independent legal advice should be sought in Saudi Arabia for specific information relating to individual cases.

Parental child abduction

The abduction of a child from the UK to Saudi Arabia is NOT a crime in Saudi Arabia unless there is a Saudi court order regarding custody of the child or travel restrictions. Parental child abduction is, however, a criminal offence in Saudi Arabia if a parent or grandparent removes a child from the person who is entitled to custody according to a Saudi judicial decision.

The Kingdom of Saudi Arabia has not signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention seeks to return children abducted or retained overseas by a parent to their country of habitual residence, for the courts of that country to decide on matters of residence and contact. There is no agreed international system in place to return children from Saudi Arabia to the UK. Therefore, parental child abduction cases from the UK to Saudi Arabia are often difficult to resolve. Neither the British government nor the British Embassy can force the abducting parent or the Saudi government to return a child to the UK. There is no extradition treaty in force between the UK and Saudi Arabia. Dual nationality is not recognised in Saudi Arabia.

Custody issues

Religious law (Sharia) will apply if one or both spouses are Muslim. Custody disputes will be decided in the family court. Under Sharia law, the mother is entitled to custody of her children up until the age of nine for boys and seven for girls. The mother will retain the right of custody up until these ages unless the court rules the mother is not of sound mind, has the intention to move the child to another country or has remarried. It typically takes approximately six to eight months for custody cases to process through the family courts. Appeals are possible through the Court of Cassation and can take up to two years.

If neither parent is Muslim, Sharia law does not apply, unless one of the parents approaches the local court seeking to have custody of the children.

A court Judge with the help of the executive authorities would enforce custody and visitation entitlement. UK or non –Islamic foreign custody orders are not recognised in Saudi Arabia. An order from a similar Sharia court may be considered when ruling on custody issues.

Note: this section constitutes general information on the Saudi system. For detailed information and advice on how the law may apply to the circumstances of individual cases, independent legal advice should be sought in Saudi Arabia.

Travel

An exit visa is required to leave Saudi Arabia. It takes one to two days to receive an exit/re-entry permit. Exit only permit for holders of residence ID “IQAMA” can take a week or more. The sponsoring parent, whether the mother or father, will be required to apply for an exit permit for the child to be able to travel and leave the country, even in cases where the custody is granted to one of the parents. If the child is under the age of sixteen, s/he must be accompanied by one of the parents.

As per the Saudi immigration rules and regulation, the parents who are working in country are required to sponsor their family members. If a wife wishes to leave Saudi Arabia, she will need to obtain a Final Exit permit from the sponsor, who is often the husband. The husband has to apply for the Final Exit Permit via the Saudi Passport Office online service “Absher” platform. Saudi immigration recognises UK Emergency Travel Documents when used for a Final Exit.

Travel ban

If there is an ongoing legal case in court related to family and Civil Affairs, a travel ban will be imposed by the relevant authorities on the involving parties, whether the spouse or child, to prevent them from leaving the country until the case is reviewed before a judge. An appeal can be made to lift the travel ban. However, the prevalent residence laws have to be observed. These laws stipulate that only the sponsor can authorise an individual’s exit from the country.

If there is a travel ban in place on a parent while overseas, s/he will be arrested on arrival and if found to have had prior knowledge of the ban will be detained and possibly charged. Those unaware of a travel ban placed on them would be released with a warning and not permitted to travel.