Mother loses custody case after court hears claims of smoking near children

Daily Tribune

17-05-2025

A Bahraini mother has lost her bid to regain custody of her children after a Sharia court heard claims that she regularly smoked in their presence and spent long hours in cafés — concerns raised by the father as evidence of unfit parenting. The Minor Sharia Court rejected the mother's attempt to overturn the 2019 divorce terms, which had awarded custody to the father. The court found no legal basis to prove a permanent transfer of guardianship had taken place, despite the mother's claims that she had been the primary caregiver for over five years.
The woman told the court she had borne full responsibility for raising the children — handling daily care, school runs, and expenses — while the father remained largely absent. She alleged that he retained legal custody only to threaten and intimidate her, and that he had made little meaningful contribution to their upbringing.
However, the father, represented by lawyer Jassim Ebrahim Al Essa, countered that the children had been in his custody until May 2024, when the mother asked to take them for a visit and failed to return them. He submitted school enrolment records near his home in Hamad Town, along with messages from the mother arranging the visit.
He further argued that she was unsuitable for custody, accusing her of smoking frequently in the presence of the children and pointing to her history of having given up custody of two daughters from a previous relationship. The mother denied the allegations and said she had filed a criminal complaint in which the children described their father as unfit.
Both sides presented witnesses. The mother's landlord, brother, and former neighbour testified that the children had been staying at her residence. One said he often heard them in the early mornings, while another recalled them delivering food during Ramadan. But the court deemed the testimonies vague and lacking in legal weight.
Meanwhile, relatives of the father told the court the children had lived with him, kept their personal belongings at his home, and attended local schools. Their accounts matched the documents submitted and there was no record of a previous legal dispute over custody.
The judge ruled against transferring the matter to a civil court, affirming it fell within the jurisdiction of family law. A separate request to allow the daughter to choose where to live was also rejected, as the court said her shifting views suggested she had not reached the level of maturity required under custom. While the court acknowledged that the mother may have cared for the children for extended periods, it found no evidence of a permanent, legal transfer of custody — nor any indication of serious neglect by the father. The case was dismissed.