Child custody in Qatar: who keeps the children, until what age, and visits

What is the difference between custody and guardianship?

Custody is the child's day-to-day care; guardianship is oversight of the child's upbringing and money. Article 165 of the Family Law (Law No. 22 of 2006) defines custody as keeping, raising, guiding and caring for the child in the child's interest. The custodian must let the guardian carry out his oversight (Article 171).

Custody is a right shared by the custodian and the child, and the child's right is the stronger one (Article 166). If the Family Law does not apply to the parents, custody may follow the law of the father's nationality (Civil Code, Article 20).

Who has the right to custody, and in what order?

When parents separate, even without a divorce, the mother comes first unless the judge decides otherwise for the child's sake (Article 166). Article 169 then sets this order:

1. 1

   The mother, then the father.

2. 2

   The father's mother and grandmothers, then the mother's mother and grandmothers, nearest first.

3. 3

   The paternal grandfather, then his mother and grandmothers.

4. 4

   The full sister, then the maternal half-sister, then the paternal half-sister.

5. 5

   Maternal aunts, paternal aunts, then the father's maternal and paternal aunts.

6. 6

   Nieces, then daughters of paternal uncles and aunts, then daughters of the father's paternal aunts.

7. 7

   Failing all of these, male paternal relatives (asaba) in order of inheritance, then other close relatives the child cannot marry.

Among equals, the most suitable comes first, then the most devout, then the eldest. In a dispute, the judge can prefer a more distant relative if that serves the child, giving reasons (Article 169).

• Every custodian must be adult, sane, trustworthy and able to care for the child, with no serious infectious disease, and a close relative the child cannot marry (mahram) if of a different sex (Article 167).
• A female custodian must not be married to a man unrelated to the child once the marriage is consummated, unless the court decides otherwise for the child's sake (Article 168).
• A male custodian must share the child's religion and have a suitable woman of his family living with him (Article 168).

Until what age does the mother's custody last?

Women's custody ends when a boy completes 13 years and a girl completes 15 (Article 173). These are Hijri years (Article 1).

The court must look into the child's interest, check both sides are fit and give reasons. Women's custody can also continue if the child has a mental or disabling illness (Article 173).

• When women's custody ends, the guardian can take the child only by agreement or court order. If he takes a younger child by force without a judgment, the judge can return the child to the custodian for the time being (Article 173).
• A mother who is not Muslim has custody until the child understands religion, or there is a fear the child will grow used to a religion other than Islam, and not beyond age seven (Article 175).

When can custody be lost?

Custody is lost when the custodian no longer meets a condition, or in other cases the law lists. It is a renewable right: if the reason goes away, the right returns (Article 166).

• A condition in Articles 167 or 168 lapses, such as a female custodian's consummated marriage to a man unrelated to the child, unless the court decides otherwise (Article 183).
• A new custodian lives with someone who lost custody for bad conduct, unbelief or a serious infectious disease (Article 183).
• The custodian moves the child, without the guardian's permission, to a hard-to-reach country where the guardian cannot supervise the child, unless the court decides otherwise (Article 183).
• Those entitled to custody can ask the court to end it if the custodian neglects the child, behaves badly, or is not Muslim and the child has reached five (Article 182).
• A person entitled to custody who waits a year without excuse after learning of the custodian's consummated remarriage loses the right to claim it, unless the court decides otherwise (Article 184).
• Repeated breaches of visiting arrangements by the custodian, after a warning, can move custody to the other parent for a time and then end it (Article 186).

A change of custody is carried out gradually, and force is never used against the child (Article 188).

How do visits and travel with the child work?

Parents can agree visits in any form, as long as the separated parents are not left alone together in a way the law forbids. If they cannot agree, the judge sets the times and place (Article 186).

• Visits grow longer as the child grows, and normally take place where the child lives.
• The visiting parent can have the child on Eid and family occasions.
• If a parent has died or is absent, close relatives the child cannot marry may visit.
• A parent who breaches the arrangements can be warned. If the guardian keeps breaching them, his visits can be suspended and then cancelled.
• A visiting judgment takes effect straight away, and either parent can ask the judge to change it.

Travel is governed by Article 185. The guardian keeps the passport and hands it over for travel; if he is obstructive, the judge can leave it with the custodian (Article 176).

• A mother may travel with the child for a reasonable purpose if the trip does not harm the child. If the guardian refuses unfairly, the judge can allow it.
• For a foreign custodian's occasional trip home, the judge can ask for a surety for the child's return, or bar the trip if the guardian shows convincing reasons to fear she will not return.
• The father or grandfather may travel with a boy aged seven or older for a reasonable period, which the judge sets if the parents disagree.
• Other relatives need the custodian's or the judge's permission.
• A decision allowing travel takes effect three days after it is issued if there is no appeal, or once upheld on appeal.

Courts handle visits, travel and the return of a child urgently while a custody case is pending (Article 187). The place of custody is the guardian's country, but the judge can keep the child with a mother who married while living in Qatar if that serves the child (Article 180).

Who pays the custody fee, maintenance and housing?

The child's guardian, normally the father, pays the child's maintenance, the custody fee and his share of housing. The judge sets the amounts; the law fixes no figure.

A foreign custodian's sponsorship is covered by Article 177 and by our guide to divorce for residents of Qatar.

When should you speak to a lawyer?

Many families agree on custody and visits without a long dispute. Early legal advice can still help when:

• You and the other parent differ in nationality or religion, so another law may govern custody.
• A boy is nearing 13 or a girl is nearing 15, and you disagree about extending custody.
• You want to travel or move abroad with the child, or fear the child will not come back.
• The custodian has remarried, or visiting arrangements keep being breached.
• You have received notice of a custody case, or are thinking about challenging a judgment.
• You fear for the child's safety or your own. Safety comes first: call the emergency number, 999.

Questions people ask