Mother loses custody of child as grandmother gains guardianship

TDT | Manama

Email: mail@newsofbahrain.com

A mother who took her daughter to Jordan and refused to return for nearly three years has been stripped of custody by a court.

Care of the child has been passed to the paternal grandmother.

The ruling followed a claim brought by the father and his mother, who said the child had been taken abroad in early 2021 without the father’s agreement and kept there since.

They told the court they had been unable to see the girl since her birth.

The child was born in August 2021, following a marriage in Jordan which was later recognised in Bahrain.

The court heard that the mother travelled while pregnant and gave birth in Jordan, cutting off all contact with the father’s family. Papers submitted with the claim included a copy of the child’s birth certificate, a Jordanian marriage contract, a past court order instructing the mother to return to the marital home, and a signed statement from the grandmother and the father’s sister expressing their willingness to care for the child in Bahrain.

An attempt to reach a settlement through the reconciliation office ended without result, as the mother remained abroad.

Travel records

The father’s lawyer asked the court to seek travel records from the General Directorate of Nationality, Passports and Residence.

These showed the mother had left Bahrain on 24 March 2021 and had not returned.

Two witnesses gave evidence supporting the father’s case.

One, a close relative, told the court the mother had left the marital home in March 2021 without warning or consent. Another said she had refused repeated requests to return and continued to live with the child in Jordan.

Conditions

The court noted that under Bahraini law, the mother’s right to custody is subject to certain conditions, including staying within reach of the legal guardian.

If the custodian moves abroad without agreement, and that move prevents the guardian from performing his role, custody may be removed.

The father’s lawyer told the court that his client wished to place the child with the grandmother, rather than claim custody himself.

Legal requirements

The court found the grandmother met the legal requirements and that no other relative with prior claim had come forward. The mother was ordered to pay BD 20 in legal costs. Both sides were excused court fees.