Legal Question in Family Law in Lebanon
Hello.I would like to ask if we were married in EU country (civil marriage) and the marriage is registered in Lebanon. In marriage certificate is mentioned husband's religion as muslim ( he is lebanese), for wife nothing and as well she is EU national. Husband passed away and his dad got custody without the mother knowledge ( at religious judge/sheykh) over children and put travel ban for children as well. And he treats bad mother of kids, verbally abusing, saying he can take kids from her anytime and etc.Kids were born abroad only moved to Lebanon after their father death.Could you please advice what are mother and kids rights? Do I have to open case in court ( and what court) against him, to remove custody and travel ban. And did he had right ( legally) to do what he did? How long it can take to get the verdict? Thank you.
1 Answer from Attorneys
Dear Sir,
Since the marriage took place in a EU country, and was registered in Lebanon, only the civil Courts in Lebanon have jurisdiction to rule over the custody of the kids. The Court will apply the laws of the country where the marriage took place (the EU country).
The decision of the sheikh is illegal. He does not have jurisdiction to rule on it.
Accordingly, she needs to:
1. Challenge the decision of the sheikh and get it cancelled.
2. In parallel, you apply for the custody of your kids in front of the civil Courtand remove the travel ban.
Should you need any further details please address your further queries to: [email protected]
Regards