The reasons put forward by the attorney in her request are as
follows:
Her client submitted a Sharia Plaint against the defendant that she
had traveled to the city of Neyala taking with her the plaintiff’s children
on 16/5/2015. Due to this, she impeded his ability to care, provide
guidance and taking charge of the upbringing of children, whose ages
were 7, 4 and 2 years consecutively. The attorney also pointed out that
there was an alimony case by the number 151/2015 that was judged in,
and in which the ruling included payment of rent for the appellee’s
house in Rabak-Town. Also, the appellant’s request to the court was to
obligate the appellee to stay as a resident in Rabak-Town but the Court
of First Instance dismissed the request.
The Attorney sees that the dismissal as breaching the stipulation in
Article (118) of the Personal Status Code of 1991, and that results in
depriving the appellant of assuming his responsibilities as a father
towards the children’s supervision and upbringing. Added to that, the
appellee did not get the permission [of the father] to travel to Neyal City
in the company of the children. Hence, the attorney requests intervention
to revoke the decision appealed against.
On the subject matter of the case, and after reviewing the
submitted complaint, and the contested decision, we find that the same
court had ruled in a different lawsuit, denying the father custody of the
same children. The Court of First Instance maintained that the children
be entrusted with her, and also ruled that she received an alimony for
mothering the children, and receive an amount for house rent, and
clothes allowance.
It is established that the appellee has been divorced by the
appellant, and thus the decision of the court of First Instance to dismiss
the complaint is in breach of the text of Article (119) of the Personal
Status Code of 1991, as it stipulates that a custodian mother is not
allowed to travel within the country accompanied by the children
2