Translated from Arabic.
A visitation judgment issued by the Personal Status Court is an enforceable instrument binding on the custodial parent, and repeatedly refusing to allow visits without an acceptable excuse is a breach of the judgment that can be addressed through the enforcement courts under the Enforcement Law.
We advise handling the matter in an organised and documented way from the outset. You can follow these steps:
1. Document each refusal with dates, messages and any witnesses, and keep a copy of the judgment and the visitation deed.
2. Submit an application to enforce the visitation judgment electronically through Najiz, and the application will be referred to the competent Enforcement Court.
3. The enforcement judge will issue an order requiring the custodial parent to allow the visits, and may specify that handover and collection take place at one of the approved centres for enforcing visitation and custody judgments, which are set up to reduce the impact of the dispute on the children.
4. If the refusal continues, the enforcement judge has the power to take whatever legal measures he considers appropriate to compel the refusing party, which may extend to penalties he determines under the Enforcement Law.
As for repeated excuses such as illness, a genuine emergency excuse may be accepted if proven, with the visit rescheduled, but repeated excuses without evidence fall within the judge's discretion.
Regarding the effect of the refusal on custody, the Personal Status Law makes the best interests of the child the core standard, and harming the child's relationship with his father may be among the matters the court considers in a claim to remove or transfer custody. However, this requires a separate claim before the Personal Status Court and clear proof, and it does not follow automatically from the refusal alone.
Before escalating, it may be useful to try an amicable solution through the family reconciliation and settlement services available online, to protect the children's psychological stability, without giving up your right to enforcement if this does not succeed.
The outcome varies according to the circumstances of each case and the documents submitted. The KSA Lawyers team therefore recommends consulting a lawyer specialising in personal status cases to review the judgment deed and documents and determine the most appropriate action for your situation.