Question 1: I am a Muslim woman. A month ago, I got divorced from my husband, and the court ruled that I am entitled to monthly expenses and custody of my children, two sons and a daughter. My ex-husband was not satisfied with this ruling and has filed an appeal. Do I currently have the legal right to marry another man before the appeal is decided? If I get married, will I lose custody of my children?
Answer 1: As a general rule, you do not have the legal right to marry another man before the judgment becomes final. The judgment becomes final when all the stages of trials are consumed. These stages include trials in the First Instance, Appeals and Cassation Court.
You have to wait until the appeal is decided and another month after the appeal judgment to see if your ex-husband will file a cassation in the Higher Court or not. If he files a cassation, then you have to wait three more months after the court decides about the cassation.
A mother’s new marriage is reason to lose custody, unless the court decides otherwise for the interest of the children. This means that the matter is estimated by the court in the best interest of the children.
Article 144 of the Personal Status Law emphasises that the custodian, if she is a woman, must not be married to a foreign husband who has consummated marriage with her unless the court decides otherwise in the interest of the child.
But the custody shall not be forfeited forever, it shall return to the person who loses it after the reason for forfeiting disappears, according to Article 153 of the same law.
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