Ask the law: Woman seeks travel ban against ex-husband
Wife gets divorce, alimony and child custody, ex-husband fails to pay
Question:
A questioner asks: 6 months ago, I obtained divorce and custody of my children, in addition to a monthly alimony, but my ex-husband did not pay me for more than 3 months. My question is: Do I have the legal right to ask the court to prevent him from traveling due to his failure to pay alimony, because I knew that he would travel soon? Do I have the legal right, according to Islamic law, to demand an increase in alimony, given that my ex-husband’s salary increased two months ago? Do I have the right to travel with my children for the purpose of tourism for a month? Please advise.
Answer:
To answer such question, I would advise the questioner that:
1. You have the legal right to ask the court to ban him from travelling and it is better to be done in front of the execution court if you have filed an execution to the judgment. If you hadn’t filed an execution, so you may request from the authorised judge or the circuit manager according to the circumstances, the issuance of an order prohibiting him from travelling.
2. As per Article 64 of the personal status law (Alimony may be increased or reduced according to the change of circumstances. Save in exceptional circumstances, the action in increment or reduction of the alimony may not be heard prior to the lapse of one year as of the date of deciding it. The increase or decrease of alimony is computed from the date of claim in court). Based on this, you do not have the right to request an increase in the alimony because less than one year had passed from the judgment of the alimony unless an exceptional circumstances occurred for such request. The burden to prove these circumstances lies on you and their acceptance refer to the court.
3. You may not travel without the consent of their father as per Article 149 of the law, the fosterer may not travel with the fostered child outside the State except with the written approval of his tutor. Should the tutor refuse to give his consent, the matter shall be submitted to the judge.