In the name of God, the Merciful
General Court of Rabek
Number / A S CH / 39/2015
Date 29/12/2015
Called: Al-Sadiq Ali Mohammad
Appellant: Aliya Mohammad

The judgment

The Rabek court of personal status, second degree judge, issued a decision to dismiss the case for
lack of reason, on 30/11/2015. The application was on lodged on 10/12/2015. It was accepted
because it was filed within the legal deadlines. While reading the case papers against the
appellant, she was forced to live in the city of Rabek, where she lived with her children; Safa,
Rahik and Ali, aged 7, 4 and 2. She lives with them in the city of Nyala without the permission
of the appellee. He criticized the decision of the court of first instance that stole appellees
number A S CH / 134/2015. Referring to the appellant, the court ordered the return of the
documents to the court of first instance to act in accordance with its decision, when the court of
first instance violated Article 119 stipulated in the Personal Status Law. The article also states
that the appellant isn’t able to travel with her children within the country, without the permission
of their father. But this is done under many conditions and reasons that the parties to the case
have not been able to discuss. The question is about the facts. Since the judge is neutral between
the two opponents in all custody cases, he is a third party and represents the interests of children.
He therefore considered that what had been raised in the trial had nothing to do with the interests
of the children It decided by its decision number 1974183 that the transmission of the mother
does not harm was not detrimental to the interests of the children, and did not invalidate its right
to the custody, but it is his duty to tell the father according to the legal rules. The court of the
first instance also had to call the mother and hear motives as well. After the respondent, the court
can make this decision. From what precedes, I see that the court has been slow to write off the
application. It is necessary to annul the judgment of the court and return the papers to proceed
according to the memorandum.

Since the judge is neutral between the two opponents in all custody cases.

The final judgment:
1- To overturn the decision of the court of first instance

Select target paragraph3