Legal students have applied societal and legal solutions that address the problem of banning the travel of children, especially infants, accompanied by their mothers abroad, and the requirement of parental consent, especially with procrastination. Many parents refused to give written consent to their divorcees.

They stressed the importance of speeding up implementation procedures in the courts to respond to the request of the foster mother, who wishes to travel with her children abroad, and activate the role of the family guidance committees in establishing understanding between the divorcees to achieve the interests of their children. They proposed limiting the application of the "travel ban on children only with the consent of the guardian" to non-nationals and establishing safeguards to ensure the return of children after their travel.

Pregnant mothers are problematic because they can not take their children on a trip to visit or visit their countries - if the mother is a foreigner - or any other country because the law requires them to obtain the written consent of the child's guardian, which can not be achieved because of obstinacy and rejection of parents, Or delaying them in giving written consent to them.

The interests of the child

Courts in the state have considered cases brought up by mothers, asking them to let their children accompany them on travel, after their parents refused to allow them to do so.

In a case that was considered by a court, she asked or was allowed to travel abroad with her infant, under two years of age, to perform Umrah, with her parents, and then to the United Kingdom for certain matters and then return him. And expressed her willingness to provide a guarantee or guarantee until her return, pointing out that the father of the child refused to travel his child with her outside the state, and was unable to «family guidance» reconciliation between them.

The court rejected her request on the basis of the Personal Status Law, which states that "the custodian may not travel freely outside the State, except with the written consent of the guardian. If the guardian refuses to do so, the matter shall be referred to the judge."

In a second case, a foreign mother lodged a complaint with the court on the grounds that her husband obtained an order from a judge of urgent matters in the court to prevent her and her six-month-old baby from traveling because of marital differences. , Stressing that «the freedom of travel and mobility guaranteed to each person under the Constitution of the State, there is no reason to prevent the incubator at the time of the custody of a young child when the child is in need of custody, such as the baby».

She stressed in the recital that "the infant is in infancy, and it is indispensable at this age to care for his mother, and that his interest is in her companionship, and that her move to her country, which is at the same time the country of the father, does not prevent the latter from following the affairs of the young and reading His condition. If the father fails to issue written consent to the child's travel with his mother arbitrarily, to harm her and the child, and in a manner inconsistent with the interest of this young man considered legitimate, the ruling that forbade traveling with his mother is defective in violation of Sharia and law.

In a third case, a father filed a suit against his employer, requesting her transfer with his six-year-old son to his country. He also requests, if rejected, to drop her custody.

Procedures take time

Lawyer Ali Mohammed bin Tamim stressed the importance of reviewing the article stating that "the custodian may not travel outside the state without the consent of the guardian in writing, and if the guardian refuses to do so, the matter shall be referred to the judge."

It was stated that there were mothers of citizens and residents who, because of this legal article, were unable to accompany their children abroad, whether for tourism, treatment, study or other reasons. The guardian of the soul often refrained from granting permission to travel with his mother or to grant him his passport. Which prompts the custodian to apply to the court.

He pointed out that the implementation procedures and litigation in such matters, takes a long time, especially as the father procrastinates and refuses to attend, and evades receipt of the declaration of the court, until the judge decides to decide in the request of the foster mother to travel with her children, whether approval or not.

Ben Tamim demanded that the implementation procedures be implemented quickly in the applications of incubators wishing to travel with their children and that they be obliged to guarantee the return of children through the provision of travel tickets and travel bills that show the dates of travel and return within a specified period of time.

"It is unrealistic for the mother of citizenship," he said, adding that " Which will inevitably return to the state ».

Ben Tamim said that the problem of refusing the child's travel with his mother falls into the trap of divorce between the divorcees. He called on the parents to provide the child's interest in their personal interests, work and understanding together to provide full care for their children.

Mutual revenge

For his part, the legal advisor, Dr. Yousef Al-Sharif, stressed the importance of activating the role of family guidance committees in promoting dialogue and understanding between divorcees in mutual disputes about children, including the problem of banning the travel of children with the incubator abroad without the consent of self-parents. Giving written consent to their divorcees, which prevents them from taking their children with them while traveling abroad, whether for pleasure or otherwise.

Al-Sherif pointed out that many of the cases of divorcees in this regard are part of the conspiracy and mutual revenge, regardless of the interests of the child, especially if he is an infant and his mother wants to accompany him abroad.

He added: "The legislator took the right of the mother-in-law to move to a small place in the country, if the lesson is only in the interest of the child, and there was nothing in his travel that contradicted it. Raise it, or disable it for study. He also stipulated that the intention is not to transfer the father's harm only by removing the child from him, and it is harmful to know that the conditions of his son - after his transfer - what cost him expense or hardship is unusual ».

Al-Sherif explained that «the Personal Status Law established a legal framework regulating this issue, and obligates the guardian of the child, father or other, to make a pledge and to know his conditions, and this can not happen if the incubator travels to another country. Therefore, it was stated that an incubator may not travel freely outside the State, except with the consent of his guardian. In order to stop the dispute over whether or not permission is granted, the article requires that the consent be in written form. The incubator does not have to travel freely and invoke that the guardian has been authorized orally.

But what if the guardian refused to give that written consent? Al-Sharif said that "the judiciary is the authority authorized to adjudicate in this area, because such a case requires consideration of the justification offered by the incubator to travel and the obstacles that led the guardian to refrain from written consent to travel. As the judge intervenes in giving permission to marry a girl who is fit for marriage, if her guardian is in labor, it also interferes with the subject of the child's travel with his mother-in-law if the guardian refuses to consent to it intransigently or deliberately.

Conditions of travel of the incubator

He added that «the text in this article to prevent the incubator from traveling outside the state, even if they want temporary travel that is not intended for permanent residence, such as travel or travel medical treatment or travel visit to a relative, for example. It is more necessary to have written permission when the travel of the child with the intention of residence outside the state ».

He pointed out that the text of Article 150 states that "the mother may not, if the marriage or the number of retroactive divorce, travel by her son or move him from the marital home except with his father's written permission. The mother may, after the intention, move her to another country in the state, This transfer violated the education of the young, was not harmful to the father was not cost him in the transition to see the conditions of the child hardship or expense are unusual ».

He explained that this article makes it clear that the mother may not travel by her son or move him from the marital home except with the permission of his father, in writing. This ruling is based on the fact that the wife is not entitled to move without her husband's permission.

The second paragraph of the article stipulates that after the notification, the incubator may transfer the child to another country if the transfer does not harm the raising of the child, it is not harmful to the father, nor the cost of reading the conditions of the child, hardship or extraordinary expense. The view of the Hanafis is that it is permissible for the incubator to transfer the child if she is moving to her own country and that she has been married to her. They stipulated that the town be so close that the father could one day see his son's condition and return to his home. And prevented the transfer of the child from a city to a village, even if close, and Malikya do not agree in the sentence on the transfer of the incubator small, even if his mother, only on conditions, and fall the right to custody when traveling if not an infant, and stipulated conditions in the travel of the incubator or incubator drop custody if not Check in travel in terms of distance, security and purpose of travel, Shaafa'is and Hanbalis in that manner.

Nationality of the incubator

For his part, the Family Counselor Issa Al-Maskari called for strict controls to govern the travel of children with their mothers abroad in order to guarantee their return to the place of residence of their fathers, in a manner that does not violate the rights of one of them (mother or father) , Stressing that the existence of a relationship based on mutual respect and appreciation between parents after divorce and their conviction to provide the interests of the child on their personal interest, is the main approach to solve this problem.

He pointed out that many family disputes that occur after divorce are malicious and reprisals between the spouses. This is due to the difference between the extent of the custodial mother's right to accompany her children abroad, whether for the purpose of recreation or treatment of one or the other. In retaliation against or against it, or for fear of having other purposes, which is to go without return to the children.

He pointed out that some incubators may obtain the written consent of their divorced children to travel abroad with them, but some of them may not return again, especially if they are of a non-national nationality. The husband is later surprised by her marriage to another, And vision.

He pointed to the importance of taking into account in the regulation of this problem, the distinction between cases. There is a mother who may be a citizen of the husband's family, such as a cousin or uncle, and has a family extension within the state, such as father and mother, so that it is impossible for him to leave With its sons abroad without return. There is a foreign mother who is of the same nationality as the father, since their fate is to return the children to their state, and there is a foreign mother whose nationality is different from her husband's, and this is the most difficult situation in which it may occur when she is allowed to travel to her country because Her return to the husband's place of residence or his country, thereby depriving him of his right to see his children.

Legal officials stressed the importance of speeding up implementation procedures to respond to the request of the foster mother.

Or ask to be allowed to travel abroad with her baby to perform Umrah.

A father requests the transfer of his mother and child to his country. If she refuses, her custody will be dropped.

Article (151)

If the incubator is not a mother, it is not permissible for her to travel with the child except with the written permission of his guardian.

It is not permissible for the guardian - father or other - to travel with the child during the incubation period, except with the written permission of those who foster him.

It is not permissible to drop the foster mother's custody for the mere transfer of the father to the country where the incubator is staying, unless the transfer is for the purpose of stability, and it was not harmful to the mother. The distance between the two countries prevents the child from seeing and returning on the same day by regular means of transportation.