Al-Jazirah newspaper
I HAVE drawn many red lines under the expression “without dispute” that has come in the Ministry of Justice decision that a mother has the right of custody of her children in cases where there are no disputes and in which there is no need for filing a lawsuit.
This is very happy news. It will no doubt change the lives of hundreds of mothers who have been unable to lead a normal life because of constant fears that they will be deprived of visitation rights to their children whom they love much.
Frankly speaking, I haven’t understood well what is intended by the clause “without dispute”. Of course, there shouldn’t be any dispute between a child’s parents, if the mother is to be granted the right of custody of her children. In this case, the mother does not need a decision or judicial verdict to gain custody of her children.
The big issue however is when there is a dispute and the father’s attempt to take revenge on the mother who has separated from him, by depriving her of her right to see her children.
We need this kind of a decision in cases of custody dispute because the mother should have the right of custody of her children unless it is proved that she is not fit to take care of them.
In my opinion, when looking into the issue of custody, it is important to look carefully into the child’s interests without tipping the scale in favor of the father or mother.
The child’s interests should come first. In order for the mother to be granted custody, the issue needs through study, to be followed by mechanisms. The most eligible person to have the custody of a child might not be the parents, but others like the most eligible first-degree relatives. However, what is common and well known is the child’s desire to be with its mother gets priority. Here we will not deal with extraordinary cases that cannot be taken as examples.
It is difficult for a mother, who has custody of her child, to succumb to the pressures and moods of her ex-husband with regard to many procedures and issues. It is necessary for such a mother to be granted full powers by all authorities so as to qualify her for full custodianship of her child not just from the aspect of institutional transactions concerning the child, nor in granting the child the right to travel or to get a passport issued.
Among most cases that I have witnessed or heard about is the father’s control over the movement of his son, who is under his ex-wife’s custody. He will prevent the child from accompanying his mother if she is traveling abroad. In this case, it is deemed an incomplete custody. The mother’s custodianship over her child should be full, through which she can exercise all her powers as the custodian.
The new decision is good and opens the way for divorced mothers, gives them hope and makes them feel safe and comfortable. However, we are in need for more comprehensive decisions. The mother who is capable of child custody is also capable of providing her child with safety even when she travels.
