Visitation

Understand visitation rights in Saudi Arabia, including custody and visitation differences, visitation orders, enforcement, and legal procedures.

The term visitation may refer to different legal matters depending on the context. While visitation can relate to entry and visa regulations for visitors to the Kingdom, family law uses the term in a different context to describe the right to maintain contact with a child following separation or divorce.

This article focuses on child visitation rights under the Saudi Personal Status Law, including who is entitled to visitation, how visitation arrangements are determined, and the legal procedures available when disputes arise.

What is Visitation in the Saudi Legal System?

The new visitation system in the Kingdom of Saudi Arabia refers to a range of updated procedures and regulations governing visitation visas, including family, personal, and tourist visas. These regulations aim to improve the process of receiving visitors and facilitate visa applications while supporting Saudi Arabia’s efforts to develop the tourism sector and enhance digital services.

These updates seek to achieve several key objectives, including:

• Facilitating visitation procedures: By developing electronic services and simplifying the steps required to submit visa applications.
• Supporting the tourism sector: In line with the objectives of Saudi Vision 2030 to promote tourism and attract visitors from around the world.
• Providing greater flexibility for visitors: By regulating different types of visas according to the various purposes of visitation.
• Improving electronic services: By making it easier and faster to submit and track applications electronically.

The visitation regulations and procedures also provide various options regarding visa duration and the possibility of extension, depending on the type of visa and the applicable requirements and conditions in each case.

Visitation and Custody Rights for Children

The right of visitation refers to enabling the non-custodial parent to meet the child and check on their well-being at specified times, either by mutual agreement between the parents or in accordance with arrangements determined by the court. This ensures the continuity of the relationship between the child and both parents and prevents the interruption of family communication.

The right to visit, however, has a broader scope than merely meeting the child. It may include taking the child outside their usual place of residence for a specified period, in accordance with the arrangements determined by the court. These arrangements may cover the duration and location of the visit, as well as the procedures for handing over and receiving the child, while taking into account the child's safety and stability.

The Saudi Personal Status Law regulates these rights in a manner that ensures continued communication between the child and both parents. Article (134) provides that:

“The non-custodial parent has the right to visit, receive, and accompany the child, as determined by the court.”

This provision demonstrates that arrangements for visitation and accompanying the child are subject to the court's determination based on the circumstances of each case. This allows the court to establish arrangements appropriate to the specific circumstances under consideration. The regulation of these rights is also linked to the best interests of the child and ensuring the continuation of their relationship with both parents, helping maintain their family and social stability following separation or divorce.

Visitation arrangements are not limited to one fixed form. Rather, they may vary depending on the circumstances of each case and what the court considers appropriate, taking into account factors related to the child and the parents. This allows the court to establish arrangements that are suitable for the specific circumstances of the case before it.

Who has Visitation Rights?

Visitation is a right granted to both parents, and, above all, it is considered a right of the child, given its importance in maintaining the child’s relationship with both parents and ensuring that the child receives care, affection, and attention from both. A child needs the mother’s affection, support, and care, as well as the father’s guidance, care, and support throughout the child’s upbringing and development.

Accordingly, neither parent may unilaterally prevent the other parent from visiting the child, unless there is a serious reason that prevents the visitation from taking place or makes the usual visitation arrangements unsuitable. In such cases, the court has the authority to assess whether visitation is appropriate and determine how it should be arranged, taking into consideration the circumstances of the case and the best interests of the child.

Organizing Visitation Times and Locations

To safeguard the custodial child’s right to maintain contact with their parents and relatives, the Saudi Personal Status Law regulates visitation rights under Article (134). The provision establishes rules governing the visitation, receiving, and accompanying of the custodial child, while taking into account the child’s best interests and the circumstances of each case.

Article (134) of the Law provides as follows:

Statutory Provision — Article (134)

“Subject to the provisions of Article (129) of this Law:

• If the child is in the custody of one of the parents, the other parent has the right to visit, receive, and accompany the child as agreed between them. In the event of a disagreement, the court shall determine what it deems appropriate.
• If either parent of the child is deceased or absent, the court may designate a relative entitled to visitation in accordance with the best interests of the child.
• If the child is in the custody of someone other than their parents, the court may designate a relative entitled to visitation in accordance with the best interests of the child.”

The Difference Between Visitation and Custody

Although visitation and custody are closely related, they are legally distinct concepts.

Custody primarily concerns the day-to-day care, upbringing, and residence of the child. It determines which parent or other person is responsible for the child’s everyday needs and welfare.

Visitation, on the other hand, concerns the right of the non-custodial parent or another person entitled to visitation to maintain contact with the child. Depending on the circumstances and the arrangements established, visitation may involve meeting the child, receiving the child, or accompanying the child for a specified period.

Article 134 of the Saudi Personal Status Law expressly recognizes the non-custodial parent’s right to visit and accompany the child. Where the parents disagree about the arrangements, the court has the authority to determine what it considers appropriate.

Therefore, the fact that one parent has custody does not, by itself, eliminate the other parent’s right to maintain contact with the child.

Conditions for Organizing Visitation

Saudi law does not establish one universal visitation schedule that applies identically to every family. Instead, Article 134 allows visitation arrangements to be determined according to the parents’ agreement or, where they disagree, according to the court’s determination.

Visitation arrangements may therefore address practical matters such as:

The days and times of visitation.

The duration of each visit.

The location where visitation takes place.

Whether the child may be accompanied outside their usual residence.

Arrangements for handing over and receiving the child.

Any circumstances that may affect the child’s welfare or stability.

The appropriate arrangement depends on the circumstances of the particular case. The court may therefore establish arrangements that are suitable for the child and the circumstances presented before it.

Agreement on Visitation Between Parents

Parents may agree on visitation arrangements when the child is in the custody of one of them. Article 134 provides that the non-custodial parent may visit, receive, and accompany the child according to what the parents agree upon. If they fail to reach an agreement, the matter may be determined by the court.

A clear agreement can help reduce disputes by specifying practical details, including:

Visitation days and times.

The duration of visits.

The place of visitation.

Transportation arrangements.

The procedure for handing over and receiving the child.

Arrangements for holidays and special occasions, where applicable.

Where an agreement cannot be reached, seeking a judicial determination can provide a formal framework for exercising visitation rights.

Procedures for Filing a Visitation Lawsuit

When parents cannot reach an agreement concerning visitation, the dispute may be brought before the competent court so that the appropriate arrangements can be determined.

In practice, judicial procedures in Saudi Arabia are increasingly conducted through the Ministry of Justice's electronic platforms, including Najiz. The platform provides electronic judicial and enforcement services, while the specific procedure and requirements depend on the type of application and the circumstances of the case.

A person seeking to establish or organize visitation should generally be prepared to provide relevant information and supporting documents concerning:

The identity of the parties.

The relationship between the applicant and the child.

The child's custody status.

Existing judgments, agreements, or documents relating to custody or visitation.

The requested visitation arrangements.

Any circumstances relevant to the child’s interests.

Because procedural requirements may vary depending on the circumstances, obtaining legal advice before filing can help ensure that the claim is properly prepared.

Proving the Right to Visitation

The right to visitation may arise from the parent-child relationship and the applicable provisions of the Saudi Personal Status Law. Article 134 expressly recognizes the non-custodial parent’s right to visit and accompany the child where the child is in the custody of the other parent.

In a dispute, relevant documentation may include:

Official identification documents.

Documents establishing the parent-child relationship.

Custody judgments or agreements.

Previous visitation judgments or arrangements.

Relevant communications or documents concerning the visitation dispute.

Evidence relating to circumstances that may affect the proposed visitation arrangements.

The type and sufficiency of evidence will depend on the specific circumstances and the issues before the court.

Refusal of One Parent to Comply with Visitation Orders

A dispute may arise when one parent refuses to comply with an agreed or court-ordered visitation arrangement.

For example, a parent may prevent the other parent from receiving the child at the agreed time or may repeatedly fail to make the child available in accordance with an applicable arrangement.

In such circumstances, the affected parent may need to use the appropriate judicial or enforcement procedures rather than attempting to resolve the matter unilaterally. The appropriate legal step depends on whether the visitation arrangement is based on an agreement, a judicial decision, or another enforceable document.

Enforcing Visitation Orders

Once a visitation arrangement has been established through an enforceable judicial instrument, the relevant party may use the enforcement mechanisms available under Saudi law.

The Saudi Ministry of Justice provides electronic enforcement services through Najiz, including services relating to enforcement matters.

Enforcement of a visitation order is distinct from obtaining the original visitation right. Therefore, where an existing enforceable order is not being followed, the appropriate course may involve submitting an enforcement request through the competent channel rather than filing a new claim concerning the underlying right.

The exact enforcement procedure depends on the nature of the instrument and the circumstances of non-compliance.

Modifying and Organizing Visitation Times

Visitation arrangements may need to be reconsidered when circumstances change. For example, changes in the child’s circumstances, the parents’ circumstances, school schedules, or the practical ability to comply with an existing arrangement may make a different schedule more appropriate.

Where the parents agree, they may be able to organize visitation accordingly. Where they disagree, the matter may be referred to the court for determination.

Article 134 gives the court authority to decide the visitation arrangements when the parents cannot reach an agreement.

Accordingly, the specific visitation schedule is not necessarily identical in every case. The court may consider the circumstances presented and establish arrangements it considers appropriate.

The Impact of a Parent's Relocation on Visitation Rights

A parent’s relocation may create practical difficulties in exercising visitation, particularly when the new location significantly increases travel time or affects the child’s regular schedule.

Relocation may therefore require the existing visitation arrangements to be reconsidered. Issues that may need to be addressed can include:

The distance between the child and the non-custodial parent.

Transportation and travel arrangements.

The duration and frequency of visits.

The child's educational and daily schedule.

The feasibility of the existing visitation arrangement.

A change of residence does not automatically eliminate the non-custodial parent’s visitation rights. Where relocation creates a disagreement about how visitation should be exercised, the appropriate arrangements may be determined through the competent judicial process, taking into account the circumstances of the case and the child's interests.

The Role of the Lawyer in Visitation Cases

A lawyer can assist a parent throughout the different stages of a visitation dispute, from reviewing the existing legal position to preparing the appropriate application or responding to a claim.

The lawyer's role may include:

Reviewing custody and visitation documents.

Assessing the legal basis of the visitation claim.

Identifying relevant evidence and supporting documents.

Preparing and submitting the appropriate legal application.

Representing the client before the competent court.

Seeking suitable visitation arrangements.

Assisting with enforcement procedures where an enforceable order is not being followed.

Advising on potential modifications to existing visitation arrangements.

Professional legal assistance can be particularly useful where visitation is disputed, an existing order is not being complied with, or changes in the parents' circumstances require the arrangements to be reconsidered.

Conclusion

Visitation rights play an important role in maintaining the relationship between a child and a non-custodial parent following separation or divorce. At Etqan Law Firm, our legal team can assist clients with family law matters, including visitation disputes, custody-related issues, judicial proceedings, and enforcement of applicable orders, with advice tailored to the specific circumstances of each case.

FAQ

How are visitation dates and times determined?

Visitation dates and times are determined by agreement between the parents. If they cannot agree, the court determines the appropriate arrangements based on the circumstances of the case.

Does the father have the right to visit his children after custody is transferred to the mother?

Yes. If the mother has custody, the father, as the non-custodial parent, has the right to visit and accompany the child, subject to the parents’ agreement or the court’s determination.

Does the mother have the right to visit her children if they are in the father's custody?

Yes. The non-custodial parent has visitation rights regardless of whether the custodial parent is the father or mother, subject to agreement or court determination.

What is the difference between custody and visitation?

Custody concerns the child’s care and residence, while visitation concerns maintaining contact between the child and the non-custodial parent.

Can the visitation order be amended after it has been issued?

Visitation arrangements may be reconsidered when circumstances change or when a different arrangement is appropriate; the applicable procedure depends on the circumstances and the existing order.

The Etqan Al Mutamayza Law Firm is ready to provide the essential support you need. You can reach their team at the following mobile numbers: +966 0543104848.