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Custody Case
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lollaerd



Joined: 03 Jul 2009
Posts: 337

PostPosted: Sat Dec 26, 2009 11:52 am    Post subject: Custody Case Reply with quote

Ladies

Make sure you know what you are doing when you marry someone from the region. Check with your embassy.

British mother files new appeal in custody case


Messages of support from Adam’s school friends in Bahrain – he has been sent over 150 cards expressing their wishes for him to return
The British mother at the centre of an alleged “kidnap plot and custody battle” has filed her latest appeal against the decision that granted custody of her son to his Qatari grandmother. She submitted her appeal to the Appeals Court of the Second Instance last week.
Rebecca Jones, who brought her son Adam to Qatar to visit his elderly grandmother, 77 year-old Miriam al-Juma, claims she was duped into signing Arabic documents which she was told were related to Adam’s inheritance but were actually pertaining to a custody case.
Then Adam was taken from her and she was prevented from seeing him before a Qatar Cassation court ordered that custody be granted to Adam’s grandmother.
Adam’s late father, Jamal al-Mudhaiki died two years ago in a motorbike accident in Qatar, but according to Rebecca, whilst he was alive he was more than happy with the living situation and arrangement between him and his son, and even visited the family in Bahrain on a number of occasions.
After Adam was taken from her, Rebecca fought for nearly two months before receiving a court order demanding she be given visitation rights.
She described the visits so far as “very uncomfortable” . She said that the “heartbreaking visits” had been very hard, as Adam continuously asks his mother when they can go home
She said she feels scared after reading a number of abusive messages which have been posted on the internet.
“This is just adding a lot of stress to an already very depressing situation,” said Rebecca. Claiming that his health is suffering because of inadequate nutrition, Rebecca also pointed out that Adam has now missed two months of school and has been told by his school in Bahrain that he will have to resit an entire school year.
The situation is also taking its toll on the rest of Rebecca’s family, and her five year-old daughter Alex is said to be very upset about her brother’s and mother’s absence.

Rebecca says she is determined to continue to fight for her son, and claims she will not leave Qatar until she is reunited with him. Despite spending around QR100,000 on legal fees and other costs, the family have reiterated their intent to remain here until they can take Adam home.

http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=331648&version=1&template_id=36&parent_id=16
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scot47



Joined: 10 Jan 2003
Posts: 12395
Location: Ultima Thule

PostPosted: Sat Dec 26, 2009 1:08 pm    Post subject: Reply with quote

Why is the warning only for ladies ? Are they always the victims ?
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veiledsentiments



Joined: 20 Feb 2003
Posts: 16128
Location: USA

PostPosted: Sat Dec 26, 2009 2:45 pm    Post subject: Reply with quote

Pretty much always in these cases I'd say. The local women almost never marry out of the culture, so they never get themselves in this predicament.

VS
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currawonger



Joined: 03 Dec 2009
Posts: 18

PostPosted: Mon Jan 04, 2010 6:42 pm    Post subject: Join the petition Reply with quote

http://gulfweeklyworldwide.com/bringadam.asp
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usa_in_gulf



Joined: 10 Aug 2009
Posts: 133
Location: Gulf

PostPosted: Wed Jan 06, 2010 6:00 pm    Post subject: Reply with quote

Custody rules in Islam-- and therefore, in the Gulf countries-- are clear, straightforward and certainly not a secret.

The mother remarried... custody goes to the paternal grandmother.
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scot47



Joined: 10 Jan 2003
Posts: 12395
Location: Ultima Thule

PostPosted: Sun Jan 10, 2010 8:36 pm    Post subject: Reply with quote

I find it difficult to understand why people expect me to get riled about this.
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currawonger



Joined: 03 Dec 2009
Posts: 18

PostPosted: Mon Jan 11, 2010 6:50 pm    Post subject: Reply with quote

The grandmother hasn't put Adam in school, in defiance of Qatari law. Nobody is dealing with this. He's lonely, desperate and uhappy. A ten year old who can't communicate with his elderly guardian because he doesn't speak Arabic. She spends most of her time with her housemaid nurse or sleeps. How can this be tolerated? or justified by the Qatar government?

Failure to educate wards could result in hefty fines
Law amended to make education compulsory



Qatari parents who refuse or neglect to send their children to school will be fined 10,000 Qatari riyals (Dh10,086) following the amending of the education law in Qatar."The Crown Prince has amended Law 25/2001 on compulsory education in Qatar, stipulating a fine for the father or custodian of the child who refuses without a valid reason to send him to school. "The fine will be between 5,000 riyals and 10,000 riyals," Al Raya newspaper reported.

CompulsoryEducation is compulsory and free in Qatar for boys and girls until the end of elementary school.

However, and despite tremendous efforts by the authorities, Qatar suffers a compulsory education gender gap in student enrollment in basic education.A research released this month by the Qatar Permanent Population Committee said that Qatar spent 19.7 billion riyals on education in 2008, an all-time high.


Last edited by currawonger on Mon Jan 11, 2010 7:19 pm; edited 1 time in total
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currawonger



Joined: 03 Dec 2009
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PostPosted: Mon Jan 11, 2010 7:16 pm    Post subject: Reply with quote

A BAHRAIN mother at the centre of a custody battle over her 10-year-old son should file a fraud case against his alleged abductors, says a top lawyer.

Mohammed Al Tajer, who read about the plight of Briton Rebecca Jones in the GDN, says if she can prove she was made to sign a document in Arabic effectively handing over the boy to relatives, it could help her win the case."Since she signed the document without knowing its actual content, she can file a fraud case, arguing she can't understand Arabic and that she was tricked," he said."If she objects to the legality of the document, then it won't be admissible in court if they (relatives) attempt to submit it as evidence."Mr Al Tajer, who has dealt with similar cases in Bahrain, also encouraged Mrs Jones not to give up the fight to get her son back.

"She has to follow up the kidnap case and provide evidence of her son's life in Bahrain to win this battle," he said, adding she had a strong case.
The Family Law in Qatar and Bahrain are similar and, according to Mr Al Tajer, a child should remain in the custody of his or her mother until the age of 15.

"After a boy turns 15, he will be given the opportunity to choose where he wants to live - but until then, by law, he should be with his mother," he said. Mr Al Tajer said Adam's grandmother had the right to file for custody because after a father dies, the rights of a child are transferred to the grandmother. "But, since they took Adam before a Family Court even ruled on a custody case, it is considered as kidnapping and he should be returned to his mother immediately," he said.


Last edited by currawonger on Mon Jan 11, 2010 7:23 pm; edited 1 time in total
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currawonger



Joined: 03 Dec 2009
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PostPosted: Mon Jan 11, 2010 7:22 pm    Post subject: Reply with quote

Adam's legal battle taking a new turn



THE legal battle to reunite Briton Adam Jones with his family in Bahrain took a new twist yesterday, after a judge said he could not take the case because he knows the boy's Qatari uncle. Bahrain resident Rebecca Jones appeared before the Cassation Court in Doha, in hope of overturning a ruling in November which granted custody of her 10-year-old son to his 77-year-old Qatari grandmother Mariam Al Madhaiki.

But Ms Jones walked out of the courtroom heartbroken, after the judge presiding over the case said he could not continue, because of his personal relationship with the boy's uncle, Fahad Al Madhaiki.He transferred the case to another Cassation Court, under another judge, which will review the appeal on January 17.

Ms Jones, 43, claims Adam was kidnapped three months ago after she was duped into travelling to visit his supposedly sick grandmother.She left Bahrain for Doha with Adam on October 3, leaving behind her husband of five years, Barrie and the couple's four-year-old daughter Alex.

Ms Jones earlier told the GDN that she and her son had spent two enjoyable days with the family, who were "perfect hosts". But she said on the day they were due to return home, she received a call at their hotel, requesting Adam be allowed to visit his ill grandmother. Ms Jones says she agreed and a driver was arranged to pick him up.

She said Adam, who has dual British and Qatari nationality, called to confirm he had arrived at the house safely and she was told he would return after an hour - but he never did. The next day her husband flew in and the couple filed kidnapping allegations with police and the Qatari Public Prosecution, but the grandmother later successfully filed for legal custody of Adam.

Ms Jones, who was born in Sheffield, moved to Bahrain in 1988 and married Adam's father Jamal Al Madhaiki, 10 years later.Adam was born the following year, but the couple divorced in late 1999.

Mr Al Madhaiki was killed in a motorbike accident in Qatar in November 2005.Ms Jones described her feelings after yesterday's hearing as her "lowest point'', in an update on the Facebook group set up in support of her fight."I cannot bear the pain my son is going through one more day and keep thinking about how this agony will go on for another few weeks," she posted on the site.

"I cannot stop thinking about what is going to happen to Adam and what will he do when he finds out about this news."Fahad requested the judge to allow him three weeks time to prepare his case and I am devastated because of this."I have reached a very low point because my son's life and our happiness are in ruins because of this heartless family's actions."

The group was showered with messages of support from Facebook members, minutes after Ms Jones posted the news.
"Rebecca, I pray that you find the strength to explain this to Adam and please tell him everyone in Bahrain knows what a strong boy he is and we are all very proud of him," said one friend.
"Just like everyone else, I was hoping to hear good news and I am so devastated because there is yet another set back."
Ms Jones is being allowed to see Adam for three hours twice a week, following a Cassation Court order granting her visiting rights last month.

In addition to the custody case, Ms Jones earlier appeared before the Qatari Public Prosecution after Mr Al Madhaiki accused her of unlawfully changing Adam's Arabic name.

The Facebook group demanding Adam's return had yesterday gained support from nearly 10,000 members.
A petition, due to be sent to world leaders including British Premier Gordon Brown as well as the wife of Qatari Amir Shaikh Hamad bin Khalifa Al Thani, has also gathered around 4,200 signatures.To sign the petition, visit www.petitiononline.com, or for more information on the case, visit www.bringadamhome.com.

noor@gdn.com.bh
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currawonger



Joined: 03 Dec 2009
Posts: 18

PostPosted: Mon Jan 11, 2010 7:26 pm    Post subject: Reply with quote

The child is a special needs child who is suffering severe depression. He has no one to play with and he is being kept in the house all the time apart from short trips to the mall with cousins.

http://angelfury.wordpress.com/2009/11/19/pwednesday-november-18-2009pa-name6817591678147760638apa-hrefhttpsusiesbigadventureblogspotcom200911childscustodyhtmla-childs-custodyappa-hrefhttp1bpblogspotcom_0xwksgw7vs4swpglgu7lsiaaaaaaaabvmdiw03r/
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lollaerd



Joined: 03 Jul 2009
Posts: 337

PostPosted: Fri Jan 22, 2010 6:40 am    Post subject: Reply with quote

Glimmer of hope’ in custody battle
British mother Rebecca Jones has described the decision by a Qatari judge to bring her son to court as a “glimmer of hope” in her ongoing battle to regain custody of Adam, saying that the judge’s decision that the boy’s attendance is necessary feels like her first victory in the case.
“I’m thrilled that Adam will be given the opportunity to tell the court how he wants to come home to his Mummy, Daddy and little sister, and that the court will have the chance to see how he is suffering,” she told Gulf Times yesterday.

Jones, who claimed that her son was kidnapped when she was “tricked” into visiting the country in October last year, is particularly worried about the mental and physical state of her son, saying that he had been ill in recent weeks because of the stress surrounding the current situation.
However, the most recent ruling in the case has given her some hope that she may be reunited with him on a permanent basis in the not too distant future.
Earlier this week a judge ruled that Jones’ appeal will be held on February 11, and that both Adam and his 77-year-old grandmother who was originally awarded custody of him, should attend the court hearing.
Jones is also fighting a court case to increase her visitation rights with her son, something that will be decided on February 3.
She is hoping to be awarded more time with Adam, as well as the ability to spend time with him outside of the house in which he is currently living.
“He seems to be ill because of stress and has been physically sick recently,” she claimed, adding “he is very upset and very nervous on each visit – the second I walk through the door he asks me when he can come home.”Another major concern for Jones is the educational aspect of her son’s life as it will shortly be the fifth month that he has gone without attending school.But for now, Jones is just looking forward to the court hearing in which her son will finally be given a voice. “I truly believe that the court will do the right thing,” she added.
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7atetan



Joined: 01 Jan 2010
Posts: 93
Location: Not in the Mediterranean Sea

PostPosted: Fri Jan 22, 2010 2:55 pm    Post subject: Reply with quote

scot47 wrote:
I find it difficult to understand why people expect me to get riled about this.


Ditto. There have been SOOOOOO many highly publicized cases of Western women marrying Middle Eastern men, only to find their kids and/or themselves kidnapped once things turn sour.

I'm sure the mother is going thru an emotional hell but, forgive me, she should have known better.
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tiptronic



Joined: 12 Nov 2009
Posts: 24

PostPosted: Wed Jan 27, 2010 3:32 pm    Post subject: Reply with quote

Did she change his name? Yes
Did she teach him about Islam? No
Did she remarry? Yes
How old is he? 10
Does he need to be weaned? No.
Can he put his own clothes on and eat by himself? Yes.
Do we have an impression that her mom will flee once she gets the custody and cut all the ties between him and his paterfamilias? Yes
Does she want to leave the child's paternal family's country of residence? Yes
Then, the custody goes to the uncle. No chance for the mother.
This little guy will better learn how to behave like a man from his blood-uncle, not from a total stranger.
This boy will learn to practice Islam from his responsible uncle, not from fox news. Of course his mother has the right to visit him and to be kept informed about the child's upbringing. But no, she will not have the custody. Some people say the boy belongs to his mother. No, he belongs to himself.


Last edited by tiptronic on Thu Jan 28, 2010 10:53 am; edited 1 time in total
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johnslat



Joined: 21 Jan 2003
Posts: 12873
Location: Santa Fe, New Mexico, USA

PostPosted: Wed Jan 27, 2010 3:56 pm    Post subject: Reply with quote

Dear tiptronic,

"Some people say the boy belongs to his mother. No, he belongs to himself."

OK, if he "belongs to himself," why not let HIM choose? After all, he's ten years old, and thus three years past the "age of reason" (at least according to many societies.)

"At 7 "plus or minus one," your child begins to problem-solve in a new way, using reason rather than pure intuition. He can separate fantasy from reality; and so can be expected to know and tell the truth. Four and 5 year olds don't really "lie"; they adapt the "truth" so that it works for them in a given situation. Anything else makes no sense to them; just as "sharing" makes no sense to 2 year olds. Remember, they also assume that Grandma can see the new toy they are showing her over the phone."

http://www2.scholastic.com/browse/article.jsp?id=7241

Regards,
John
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tiptronic



Joined: 12 Nov 2009
Posts: 24

PostPosted: Wed Jan 27, 2010 4:17 pm    Post subject: Reply with quote

Dear Johnslat,
I think you are missing a point here. That choice phenomenon comes from an Islamic hadith. In that hadith it says there was a fatherless boy like in this case and he tells that when Ali asked his own will whether to stay with his mother or uncle he was 7 or 8 years old. But, in that case he had been already living in his paterfamilias' town with a continuous contact with his uncle and paternal grandmother. In this case however, the boy was in Bahrain and never had a chance to establish sufficient relationships with his uncle. Whom would he choose? Well, that chance can also be given to him after he has spent at least a good year with his uncle.
Another important thing here is this, in Islamic hadith, it says a woman approached to the Prophet and told him that she and her husband are divorced and complained about that her ex-husband wanted the child and she is suffering from that. Prophet told her "You can keep the child unless you remarry". That is clear.
Well, if you say these are Islamic views not the secular points, then it is a subject of a completely different discussion.
My point: I feel sympathy for the mother but I do not feel sympathy for the stepfather even combined with the mother more than I do for the uncle who is there for his nephew and takes the responsibility.
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