By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Bahrain is not a signatory to the HAGUE Convention on the Civil Aspects of International Child Abduction. As a result, when a child is removed to Bahrain without the consent of the other parent, or wrongfully retained there beyond an agreed period, the Hague return mechanisms are unavailable.
In these cases, the outcome rests entirely within the discretion of the Bahraini courts. Decisions are shaped by a range of factors that differ significantly from Western legal systems, including the religion of the parents and the child, the child’s age, residency and nationality, and gender-based custody norms embedded in local family law. For left-behind parents, particularly those accustomed to Hague Convention protections, this can be a critical and often unexpected legal shift.
Our experience in cross-border custody disputes underscores the importance of early strategic intervention when Bahrain may become involved. Once a child is within the jurisdiction, recovery options narrow substantially.
Child Custody Framework in Bahrain
Child custody in Bahrain is governed primarily by Law No. 19 of 2017, which promulgates the Family Law. The system is distinctive in that custody matters may be heard in different courts depending on religious affiliation.
Bahrain maintains separate Islamic courts for Sunni and Shia jurisprudence, each applying its own interpretation of Islamic family law. Jurisdiction is typically determined by the marriage contract. Where the contract does not specify a court, jurisdiction usually defaults to the court aligned with the husband’s sect.
Non-Bahraini nationals may pursue custody proceedings through counsel authorized to practice in Bahrain, provided the case is filed in the court where the marriage was registered, whether Sunni, Shia, or civil. Non-Muslim parents are permitted to bring custody cases before the civil courts.
Custody and Guardianship Roles
Under Bahraini law, the mother is generally granted physical custody of the child, unless she is deemed legally disqualified. However, the rules governing disqualification and successor custody differ between Sunni and Shia interpretations.
While the mother may hold physical custody, the father typically retains guardianship, which functions similarly to legal custody in other jurisdictions and in the United States. As guardian (parent with legal custody), the father maintains authority over the child’s education, discipline, travels, and major life decisions.
Bahraini courts may consider the best interests of the child, but this concept is applied within the framework of local legal and cultural principles rather than international custody norms.
Restrictions on Travel and Relocation
One of the most consequential aspects of Bahraini custody law is the restriction on international movement. A custodial mother may not relocate or travel outside Bahrain with the child without the express consent of the guardian, as said above usually the father, or authorization from the court.
Even outside the context of an active custody dispute, fathers may petition the court to impose travel restrictions on minor children. Once a custody case is pending, court-ordered travel bans are common, regardless of the child’s nationality.
These measures can be implemented swiftly and may severely limit a parent’s ability to remove a child from the country.
Enforcement of Foreign Custody Orders
Foreign custody judgments face significant enforcement challenges in Bahrain. Orders from foreign courts may be rejected if they are not final, if Bahraini courts consider themselves competent to hear the dispute, or if enforcement would conflict with local law or public policy.
In a notable matter I have reviewed, a U.S. custody order awarding care to an American mother was not recognized when enforcement would have resulted in the child’s relocation outside Bahrain. In another case, Bahrain’s Court of Cassation reaffirmed that public policy encompasses the Kingdom’s political, social, moral, and economic foundations, principles that may override foreign judgments.
Visitation Rights
Non-custodial parents are generally entitled to visitation pursuant to court-approved arrangements. Importantly, neither the court nor the custodial parent may prohibit a non-Bahraini parent from entering Bahrain solely for the purpose of visiting the child.
That said, visitation logistics are often tightly regulated, and enforcement may require continued court involvement.
Strategic Guidance for Cross-Border Families
Bahrain custody matters demand knowledge, preparation, foresight, and cross-border coordination. When a parent has ties to Bahrain, or when international relocation from the US to Bahrain is being contemplated, advance legal planning is essential.
At Multi-Jurisdictional Divorce, PLLC, we approach Bahrain-related custody and child abduction matters with a global perspective and local enforcement strategy, working alongside trusted international professionals to protect parental rights and prioritize child stability.
If Bahrain is part of your family’s legal landscape, timing and jurisdictional strategy can determine outcomes.