After a divorce, two questions matter more than any other: who will the children live with, and who pays for them and for their mother? The Saudi Personal Status Law (نظام الأحوال الشخصية) sets written rules for child custody (حضانة) and maintenance (نفقة), and the test that governs all of it is the best interests of the child. Here we explain the basic rules and how to claim them.
This is general guidance; the court looks at every case according to the circumstances of the family and the children.
What is custody?
Custody (hadana) means caring for the child and running their daily life: their home, food, education, health and upbringing. It is different from guardianship (wilaya), which covers the child's legal and financial decisions and usually stays with the father. So the mother can have custody while the father has guardianship at the same time.
Who gets custody?
The law gives custody first to the mother, as long as she is fit for it, then to the father, then to other relatives in the order the law sets. This order is not automatic: the court may decide otherwise if the child's interests require it.
Conditions for a custodian
- They must be an adult, of sound mind, trustworthy and able to care for the child.
- They must be free of serious infectious diseases.
- The child's staying with them must not cause the child harm.
If one of these conditions is not met, the other parent may ask for custody to be transferred, and must prove the reason.
When does custody end?
Custody continues until the child turns eighteen. Under the law, once the child reaches fifteen they may choose to live with either parent, unless their interests lie against their choice.
The mother remarrying, and travel with the child
A custodial mother's remarriage does not automatically end her custody in every case; the court looks at the child's interests. Taking the child outside Saudi Arabia requires the other parent's consent or the court's permission, and the court may set guarantees for the child's return. This matters for expatriate families planning trips home.
Visitation
The parent without custody has the right to visit the children and have them stay, at times the court sets if the parents cannot agree. If the custodian refuses to allow court-ordered visitation, the other parent can apply to enforce the judgment.
Child maintenance
The father must maintain his children. This covers food, clothing, housing, education and medical care, according to the children's needs and the father's means. The obligation does not fall away because the children are in the mother's custody.
| Type of maintenance | Who pays | Note |
|---|---|---|
| Child maintenance | The father | Set according to the children's needs and the father's circumstances, and continues until the child becomes self-sufficient as the law determines. |
| Maintenance of a divorced wife during the waiting period (iddah) | The former husband | Depends on the type of divorce (revocable or irrevocable) and whether she is pregnant. |
| Custody fee and housing | Depends on the case | The court may award them to the custodial mother if she has no suitable home for the children. |
How is maintenance assessed?
The court assesses maintenance by looking at the father's actual income and obligations, the number, ages and needs of the children, and the family's standard of living before the divorce. So it is important to provide evidence of income and expenses: bank statements, salary records, and school and medical bills.
If the father stops paying maintenance
A maintenance judgment is an enforceable instrument. If the person ordered to pay refuses, an enforcement application can be made, and enforcement measures may be taken against him, such as freezing his assets and suspending his services. There is also the Maintenance Fund (صندوق النفقة), set up to pay court-ordered maintenance when the person obliged to pay defaults, and then recover it from him.
How to file a custody or maintenance claim
- File the claim online through Najiz (ناجز, the Ministry of Justice e-services platform) with the competent personal status court.
- Attach the divorce deed or marriage contract, the children's birth certificates, and evidence of income and expenses. Foreign documents generally need an Arabic translation.
- Attend settlement or reconciliation sessions if the case is referred to them.
- Present your case and evidence until judgment is issued, then enforce it.
Frequently asked questions
Does a mother lose custody if she works?
Working does not in itself end custody, as long as the mother can care for the child and arrange someone to look after them in her absence in a way that serves their interests.
Can custody and maintenance be agreed without going to court?
Yes, and it is advisable to document the agreement so that it is binding and enforceable. The agreement must not harm the child's interests.
Can maintenance change after the judgment?
Either side can ask for it to be increased or reduced if circumstances change, such as a rise or fall in the father's income, or changes in the children's needs.
Need a family lawyer?
The team at Usus Law Firm handles personal status cases (custody, maintenance, visitation, divorce and khula) in full confidence, in Riyadh and Tabuk, and can advise you in English. Read our full guide to the Personal Status Law.
Read also: Khula conditions and steps.
Read also: Enforcing maintenance judgments at the Enforcement Court.
Read also: A female lawyer for custody and maintenance cases.
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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