Enforcing custody and visitation orders in Saudi Arabia starts with confirming that you have an enforceable court judgment or another legally recognized enforcement instrument. If no enforcement case has been opened, you can submit an enforcement request through Najiz, the Saudi Ministry of Justice’s digital services platform. If enforcement has already begun, the next step is to check your case status and follow the procedure required to secure the child’s handover or scheduled visitation.
Quick answer: To enforce a custody or visitation order, check the legal enforceability of the judgment, file an enforcement request through Najiz if necessary, and use the relevant follow-up services once your case meets their requirements. If the other party refuses to comply, document the incident through the competent enforcement authority rather than attempting to enforce the order yourself.
Important update on Saudi Arabia’s new Enforcement Law: The new Enforcement Law was published in the Official Gazette, Umm Al-Qura, on May 1, 2026. Under Article 65, it takes effect 180 days after publication, on October 28, 2026. This guide distinguishes the law applicable as of its October 21, 2026 review date from provisions scheduled to take effect under the new legislation.
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What Does Enforcing custody and visitation orders Mean?
Enforcement is the legal process of securing compliance with an obligation already established by a court judgment or another enforceable instrument. In family matters, that obligation may involve handing a child over to the parent legally entitled to custody, allowing scheduled visits, or complying with arrangements for the child to spend time with a parent.
Enforcing an existing judgment is different from bringing a new custody or visitation claim. A new claim asks the court to determine or regulate a right. An enforcement request seeks compliance with a right already established in an enforceable instrument.
For example, if a court has ordered a father to hand over a child to the mother and he refuses, the immediate issue may be enforcement. If there is no judgment or enforceable agreement regulating the child’s visitation, a separate court claim may be necessary.
The first question is therefore not “How do I file another lawsuit?” but “Do I already have an enforceable instrument covering what I want the other party to do?”
When Should You Start Custody or Visitation Enforcement?
Use the following comparison to identify the procedure that may fit your situation.
| Your situation | Recommended starting point |
|---|---|
| You have an enforceable custody judgment, but the child has not been handed over | Consider filing a custody enforcement request |
| You have an enforceable visitation order, but scheduled visits are being prevented | Consider filing a visitation enforcement request |
| You already have an enforcement case, but a handover or visit failed | Follow up within the existing enforcement case |
| No enforceable instrument governs the requested visitation or handover | Assess whether an initial court claim is required |
| You want to change the custodial parent or substantially revise visitation arrangements | Assess the appropriate substantive court application |
The key distinction: Custody enforcement concerns compliance with the custody or handover obligation contained in the instrument. Visitation enforcement concerns giving effect to the contact, visits, or time with the child authorized by that instrument.
Practical Example: A Custody Judgment That Has Not Been Enforced
Suppose a court orders that a child be handed over to the custodial parent, but the person responsible for the handover refuses to comply. If no enforcement case exists, the starting point is to review the judgment and determine whether a new enforcement request should be filed through Najiz.
If a case is already open, check its current status and the latest enforcement decision before taking another step. Avoid this mistake: Filing a new lawsuit seeking the same relief without first checking whether the existing judgment can be enforced.
Practical Example: Repeatedly Missed Visitation Appointments
Suppose an order grants a parent two visits each month, but three scheduled visits have not taken place. Record the dates, whether the parties received the relevant notifications, and any report issued by the authority supervising visitation.
Rather than opening a new enforcement case for every missed appointment, review the existing case and determine whether the appropriate next step is to record non-compliance or request a further enforcement measure. Avoid this mistake: Assuming that repeated missed visits automatically transfer custody or trigger a criminal penalty.
Already have a custody or visitation order but are unsure what to do next?
You can send a brief summary of the order, the status of your enforcement case, and the issue preventing compliance. The Saudi Personal Status Lawyer Portal can help coordinate access to an appropriate lawyer for a case-specific review.
Request a custody or visitation enforcement review on WhatsApp
What Are the Requirements for Enforcing custody and visitation orders?
Before submitting a new enforcement request, check four essential conditions.
- A legally enforceable instrument. You need a judgment or another instrument recognized as enforceable under Saudi law. An informal verbal agreement or an unresolved family dispute is not, by itself, an enforceable court order.
- A clearly defined obligation. Identify whether the instrument requires child handover, custody compliance, or visitation. Review any dates, locations, or procedures contained in the judgment or subsequent enforcement decisions.
- An instrument that is legally ready for enforcement. Not every first-instance judgment can necessarily be enforced immediately. Equally, an appeal does not automatically prevent the enforcement of every judgment. You must check whether the judgment is final, provisionally enforceable, or subject to a decision affecting enforcement.
- Legal standing to request enforcement. The application must be submitted by the person entitled to enforcement or a legally authorized representative, using the information and authority required by the service.
An enforceable instrument may include a court judgment or a duly approved settlement document that meets the applicable legal requirements.
Which Documents Should You Prepare?
Start with the court judgment or enforceable settlement document, the parties’ identifying information, information concerning the child, and any relevant visitation or handover schedule.
If an enforcement request has already been submitted, have its reference number available. The Saudi Ministry of Justice’s Submit Enforcement Request service explains the need to provide the enforcement instrument, information about the parties, and the documentation required for the particular type of request.
Important: Do not assume that every custody certificate automatically contains an enforceable obligation to hand over the child. Its legal effect and wording must be reviewed.
If you need a court order establishing the handover obligation rather than enforcement of an existing one, see the separate guide to filing a child handover claim.
How to Enforce a Custody or Visitation Order Through Najiz: 7 Steps
Saudi Arabia’s Ministry of Justice allows eligible enforcement applications to be submitted electronically through Najiz. If you do not already have an enforcement case for the relevant instrument, follow these seven steps.
- Review the enforceable instrument. Check the judgment or approved settlement and confirm that it establishes the obligation you want enforced.
- Sign in to Najiz. Access the Najiz platform using Saudi Arabia’s National Single Sign-On service, Nafath.
- Open Enforcement Services. Select the electronic services menu and navigate to the Enforcement section.
- Start a new request. Choose the service for submitting an enforcement request and begin a new application.
- Select the appropriate category. Choose the classification corresponding to the custody or visitation obligation and the instrument being enforced.
- Enter the details and upload documents. Review the parties’ information, specify the obligation to be enforced, and attach the required instrument and supporting documents.
- Submit and track the request. Check the application before submission, retain the reference number, and follow notifications and decisions through Najiz.
Remember: Submitting an enforcement request is not the same as completing the child’s handover or visitation. The case may require notification of the other party, an enforcement decision, or coordination with an authorized organization.
The Ministry of Justice’s official enforcement request service is the primary reference for the current electronic process. Some menu labels and fields may change as Najiz is updated.
How Long Does Enforcement Take, and Are There Fees?
There is no single guaranteed period for completing all custody and visitation enforcement cases.
The time needed to submit or process an electronic request is different from the time needed to physically hand over a child or complete a scheduled visit.
According to the Ministry of Justice’s Electronic Service Level Agreement, the published processing times for certain related services include:
| Electronic service | Published processing time |
|---|---|
| Submit an enforcement request through the virtual court | Immediate |
| Enforcement request requiring manual review | Two days |
| Issue a custody enforcement decision | Two days |
| Issue a visitation enforcement decision | Two days |
| Check an enforcement request’s status | Immediate |
Source review date: October 21, 2026.
These figures describe electronic service processing. They do not guarantee that a child will be handed over or a visit completed within two days.
Actual enforcement may involve notification, referral to an authorized organization, scheduling, and measures to address non-compliance.
The Ministry of Justice also lists a seven-day service period for custody enforcement through associations. That figure relates to the published service timeframe, not a guaranteed deadline for completing every enforcement case.
Are Government Fees Charged?
The Ministry of Justice describes its custody enforcement service through associations as free of charge.
However, distinguish between the fee for a particular electronic service, any separate procedural or enforcement expenses that may apply under the law, and a lawyer’s professional fees if you choose to instruct one.
Legal representation fees should not be presented as Najiz government charges.
Understanding the Different Custody and Visitation Services on Najiz
One common source of confusion is the difference between opening an enforcement case and requesting a subsequent action within an existing case.
The services have different purposes and eligibility conditions.
| Najiz service | What it does | When it may be relevant |
|---|---|---|
| Submit Enforcement Request | Opens an enforcement case based on an enforceable instrument | When no appropriate enforcement case exists |
| Request Custody Service Through Associations | Requests custody enforcement through an authorized association | When the existing enforcement case meets the service’s requirements |
| Request Visitation Service Through Associations | Arranges enforcement of visitation through authorized associations | When an eligible visitation enforcement case already exists |
| Request a Visitation Letter | Requests an official letter for the organization concerned with enforcement | When the case requires that procedural step |
| Enforcement Request Inquiry | Shows the case status and recorded actions | When you need to follow up on an existing case |
The Ministry of Justice explains in its Custody Service that the relevant instrument must fall within the personal-status custody classification and that the enforcement case must be in an eligible status, such as in progress or partially enforced, in addition to other service-specific conditions.
Similarly, its Visitation Service requires an existing eligible visitation enforcement case.
A visitation letter is a procedural document used in connection with implementing an existing enforceable visitation right. It does not create a new visitation entitlement. The Ministry’s visitation letter guidance explains this process.
The practical rule: Choose the service based on your enforceable instrument and the current status of your case, not simply because its name sounds relevant.
When Should You Request Custody Enforcement Through an Association?
The Ministry of Justice provides a dedicated service for applicants seeking to implement a custody decision through an authorized association.
Its published eligibility requirements include a personal-status custody instrument, an enforcement case that is in progress or partially enforced, and the absence of certain overlapping pending requests.
Other requirements concern notification, existing decisions, and prior procedural actions.
Consequently, this service should not be confused with the initial application to enforce a judgment.
When Should You Request Visitation Through an Association?
The Ministry of Justice’s Visitation Service allows eligible applicants to request visitation arrangements through an authorized association.
The instrument must be classified appropriately, and the enforcement case must meet the required status and procedural conditions.
The service also provides for a waiting period of at least seven days before resubmitting a request of the same type in certain circumstances, including where the previous request was completed or rejected.
This seven-day interval is a rule about submitting a subsequent electronic service request. It is not a seven-day deadline for enforcing a visitation judgment.
How Do Shaml Centers Handle Child Visitation and Handover?
Shaml, a Saudi Ministry of Justice initiative, supports the implementation of custody and visitation decisions in suitable environments designed to protect children’s welfare and reduce direct conflict between parents.
The Ministry’s Child and Family Rights information explains the purpose of the initiative.
Depending on the case and the applicable arrangements, a center may help coordinate appointments, prepare a child for a visit, arrange handover and collection, and document non-attendance or difficulties in carrying out the scheduled contact.
However, not every judgment is automatically referred to a Shaml center, and not every family is required to attend the same type of facility. The arrangement depends on the instrument, the city, the circumstances, and the competent authority’s instructions.
What Should You Do if the Other Parent Refuses to Comply?
If a custody or visitation order is not being followed, avoid confronting the other party or attempting to take the child by force.
First, identify the obligation that has not been performed. Was the child not handed over to the custodial parent? Was a scheduled visit prevented? Or was the child not returned at the end of the agreed or court-ordered period?
Then take the following steps:
- Check the scheduled date, time, and location in the enforceable instrument and any subsequent decisions.
- Keep the enforcement request number and the most recent official notification or decision.
- Ask the supervising authority to document the failed enforcement attempt where that procedure is available.
- Collect lawfully obtained evidence relevant to the incident without drawing the child into the dispute.
- Request the appropriate follow-up action within the existing enforcement case, subject to the available procedures.
How Can You Prove That a Visitation Order Was Not Followed?
Create a clear record showing the date, time, and location of each missed visit, what happened, and which documents support your account.
Example: A judgment allows a parent to visit a child every Friday from 4:00 p.m. to 8:00 p.m. The parent arrives at the designated location, but the person responsible for the handover does not bring the child, and no authorized change to the schedule has been made.
In this situation, the parent should seek to have the failed handover recorded through the supervising authority and submit relevant documentation through the enforcement case where appropriate.
WhatsApp messages may be relevant evidence, but they do not automatically establish a legal violation or make a penalty inevitable.
What if the Child Is Not Returned After a Visit?
If the enforceable instrument requires the child’s return after visitation and the other party does not comply, the issue should be addressed through the competent enforcement authority.
The end of the visitation period does not authorize either parent to enter the other’s property or recover the child by using personal force.
Compulsory enforcement is carried out by legally empowered authorities under the applicable procedures.
What Changes Under Saudi Arabia’s New Enforcement Law?
Saudi Arabia’s new Enforcement Law, issued in 1447 AH, includes specific provisions for enforcing family-law obligations. It was published on May 1, 2026, and Article 65 sets its effective date at 180 days after publication, calculated as October 28, 2026.
As of the source article’s legal review on October 21, 2026, the previous Enforcement Law remained applicable, as reflected in the National Center for Archives and Records’ legislation information. The following provisions are especially relevant to custody and visitation enforcement.
Article 39: Compulsory Enforcement of Custody and Visitation Orders
Article 39 provides for the compulsory enforcement of custody and visitation instruments when necessary.
Depending on the circumstances, enforcement may involve assistance from the competent authorities and entry into premises, and enforcement may be repeated whenever required.
The article also applies the framework for direct enforcement to non-compliance with personal-status obligations, subject to the regulations governing such cases.
What does this mean for you?
A party’s refusal to comply does not render an enforceable instrument meaningless. The law provides mechanisms for the competent enforcement authority to secure compliance.
However, Article 39 does not authorize parents to enforce judgments by using force themselves or entering the other parent’s home without lawful authority.
Article 40: Protecting the Child’s Best Interests During Visitation Enforcement
Article 40 requires the court, when enforcing an instrument concerning visitation with a child, to consider what serves the child’s best interests and is appropriate to the circumstances of enforcement.
This may be particularly relevant where implementation raises concerns about the child’s safety, welfare, health, or immediate circumstances.
At the same time, the child’s best interests cannot simply be invoked by one parent as a unilateral justification for disregarding an enforceable order.
Where genuine difficulties arise, they should be referred to the competent authority for assessment.
Article 54: Penalties for Refusing or Obstructing Enforcement
Article 54 establishes penalties for a parent or another person who refuses to comply with an enforcement order concerning custody, guardianship, or visitation, or who resists or obstructs its implementation.
The prescribed penalty is:
- Imprisonment for up to 90 days;
- A fine of up to SAR 30,000; or
- Either of these penalties.
An important distinction: The penalty concerns conduct falling within the statutory provision. It is not an automatic punishment for an alleged missed visit or an isolated scheduling problem.
The conduct must be assessed and established through the legally prescribed procedures and by the competent authorities.
The new Article 54 must also be distinguished from the law applicable to conduct occurring before the new legislation takes effect.
Previous Enforcement Law vs. the New Law
Under the previous Enforcement Law, Article 74 addressed compulsory enforcement of custody and visitation decisions, while Article 76 regulated the implementation of child visitation.
Article 92 provided for imprisonment for a period not exceeding three months where a parent or another person refused to implement a custody, guardianship, or visitation judgment, or resisted or obstructed enforcement.
When the new Enforcement Law takes effect, it replaces the previous law under Article 65, subject to the applicable implementing regulations and any relevant transitional provisions.
The position should therefore be understood as follows:
- Before October 28, 2026: Assess enforcement decisions and alleged violations under the law applicable at the relevant time.
- From the new law’s effective date: Review the new statutory provisions, implementing regulations, and any applicable transitional rules.
The penalty provisions of the new law should not be assumed to apply retrospectively to earlier conduct without examining the relevant rules on legal commencement and applicability.
It is also important to distinguish between compulsory enforcement measures, which are designed to give effect to an enforceable instrument, and criminal penalties, which address qualifying acts of refusal, resistance, or obstruction.
Does Repeatedly Preventing Visitation Automatically Transfer Custody?
No. Repeated non-compliance with visitation arrangements does not, by itself, automatically transfer custody to the other parent. Such conduct may be relevant to separate proceedings concerning custody and the child’s best interests, but the court must consider the applicable legal conditions and evidence. A custody-change claim should not be confused with the process of enforcing a scheduled visit.
Frequently Asked Questions About Enforcing custody and visitation orders in Saudi Arabia
Can a visitation order be enforced while an appeal is pending?
It depends on whether the judgment is legally enforceable at that stage, including whether it is subject to provisional enforcement and whether any court decision affects its enforceability. Not every first-instance judgment can be enforced immediately, and filing an appeal does not automatically suspend enforcement in every case.
Can a settlement agreement be used to enforce a visitation order?
A court-approved settlement agreement may qualify as an enforceable instrument if it meets the applicable legal requirements and establishes a sufficiently clear obligation. However, an informal verbal agreement or a document that has not acquired enforceable status cannot automatically be treated as equivalent to an enforceable court judgment.
What happens if a child refuses to attend a scheduled visit?
The circumstances should be referred to the competent enforcement authority, taking into account the child's age, well-being, safety, and any relevant concerns. A child's refusal does not automatically justify disregarding an enforceable visitation order, but the child's best interests must not be overlooked. Article 40 of Saudi Arabia's new Enforcement Law expressly addresses the child's best interests and the circumstances of visitation enforcement, with effect from the law's commencement on October 28, 2026.
Can a parent refuse visitation because the other parent has not paid child support?
Non-payment of child support does not, by itself, authorize a parent to prevent visitation established by an enforceable order. Child maintenance and visitation are separate legal obligations with different enforcement procedures. If genuine concerns arise regarding the child's safety, they should be brought before the competent authority rather than used to unilaterally change the visitation arrangements.
Can a custody or visitation order be enforced if the child lives in another city?
The enforcement procedure depends on the location specified in the judgment, the child's current residence, and the relevant circumstances. The competent authority may need to address arrangements for implementing the order. Moving to another city does not automatically cancel an enforceable custody or visitation obligation.
Do visitation orders apply during Eid holidays and school vacations?
That depends on the terms of the court order and any related enforcement decisions. Some judgments include specific arrangements for Eid holidays, school breaks, overnight stays, or extended time with a parent. There is no single holiday visitation schedule that automatically applies to every family. The judgment must be reviewed to determine the applicable arrangements.
Can a parent personally use force to enforce a custody or visitation order?
No. A custody or visitation judgment does not authorize either parent to forcibly remove the child, enter another person's home without lawful authority, or take enforcement measures independently. If the other party refuses to comply, enforcement must proceed through the competent authorities under the applicable legal procedures.
Can the place or time of visitation be changed after a court order is issued?
It depends on the terms of the enforceable instrument and the nature of the requested change. Some practical arrangements may be addressed by the competent enforcement authority within the limits of the existing order. However, a substantial change to the visitation schedule or the underlying rights may require an appropriate court application. Neither parent should unilaterally impose different arrangements contrary to the order.
When should you seek to modify a custody or visitation order instead of enforcing it?
Not every missed visit requires a new lawsuit, and enforcement proceedings cannot be used simply to rewrite the rights established by an existing judgment.
If the other parent fails to attend or facilitate visitation at the court-ordered time, the appropriate starting point is generally to review the existing enforcement case and document the non-compliance.
However, if circumstances have materially changed and the parent seeks a lasting modification of visitation arrangements or a change in custody, a separate court application may be necessary.
Example: If the judgment provides for visitation on Fridays and one parent repeatedly fails to comply, the issue concerns enforcement. If a parent wants to permanently move visitation from Friday to another day, that change should not be assumed to be available through an enforcement request alone
Conclusion: Start With the Judgment, Not a New Dispute
Enforcing a custody or visitation order in Saudi Arabia begins with three practical questions: Do you have an enforceable instrument? Is an enforcement case already open? And what obligation remains unfulfilled?
If you need professional assistance reviewing the judgment and your next step, visit the portal’s custody lawyer service page or begin by contacting the portal.
Need guidance on enforcing a custody or visitation order?
Contact us on WhatsApp about custody or visitation enforcement. If your situation involves several overlapping family-law issues, you can also explore the portal’s family legal consultation services.
This guide provides general legal information and does not constitute advice tailored to an individual case or guarantee that an order will be enforced within a particular period.
