Hadhana vs. Wilaya Jordan Child Custody for Divorced Mothers

What is the difference between hadhana and wilaya in Jordan?

Hadhana in Jordan means physical custody - who the child lives with and who handles daily care. Wilaya means legal guardianship - who represents the child legally and makes major decisions, usually the father.

Most divorced parents in Jordan live under this split system: the mother cares for the child day-to-day, while the father remains the legal guardian. Understanding the difference helps you know who can sign school forms, approve travel, or open a bank account for the child.

How Jordanian law defines each concept

• Hadhana (custody)
  • Physical care and residence of the child.
  • Daily needs: food, clothing, homework, medical appointments.
  • Emotional care and supervision.
  • Usually given to the mother after divorce, if she meets legal conditions.
• Wilaya (legal guardianship)
  • Legal authority over the child and his or her property.
  • Major decisions: education, medical operations, passports, travel, and financial matters.
  • By default, given to the father under the Jordanian Personal Status Law.
  • Can be transferred to someone else by court order in rare cases (for example if the father is absent or legally unfit).

Which authority and law apply?

• Court: Sharia Courts across the Hashemite Kingdom of Jordan.
• Main law: Jordanian Personal Status Law (JPSL) No. 15 of 2019 and its amendments (replacing and updating earlier law No. 36 of 2010).
• Supporting laws: Civil Status law, Passport regulations, and Ministry of Education and Health instructions.

Practical impact for parents

• The mother with hadhana:
  • Decides the child's daily routine and discipline.
  • Chooses the child's clothes, activities, and immediate medical care (regular doctor visits).
  • Can enroll the child in a school, but many schools will also ask for the guardian's (father's) information.
• The father with wilaya:
  • Signs to issue or renew the child's passport, unless the court decides otherwise.
  • Approves major surgeries or medical procedures when the hospital requires guardian consent.
  • Signs for transfer between schools and handles long-term decisions about education.
  • Represents the child in legal and financial matters.

Because of this split system, many conflicts after divorce come from one parent acting as if they have both roles. Written, court-approved agreements can clearly divide what each parent will handle in practice.

What is the age of transfer of custody from mother to father in Jordan?

In Jordan, the general rule is that maternal custody continues until the child reaches 15 lunar years, then the court may transfer custody or keep it with the mother based on the child's interests and, in practice, the child's own wishes. There is no automatic "midnight transfer" on a specific birthday; the father must normally apply to the Sharia Court to change custody.

What the Personal Status Law says in practice

The Jordanian Personal Status Law sets a standard custody age and then gives the judge flexibility. In summary:

• The mother is usually the first custodian of young children after divorce.
• Custody continues until a set age (commonly applied as 15 lunar years for both boys and girls).
• After that age, the child can express a preference, and the judge balances that wish against other factors.
• The court can:
  • Transfer custody to the father, or
  • Keep custody with the mother, or
  • Sometimes grant custody to another relative (for example maternal grandmother) if that is safer or more suitable.

How judges assess "age of transfer"

Judges do not rely only on the number of years. They also look at:

• Child's maturity: Can the child clearly explain his or her wishes?
• Child's stability: Is the current school, home, and environment stable and healthy?
• Parents' situations:
  • Does the father have a suitable home and time to care for the child?
  • Is the mother still meeting all the legal conditions for custody?
• Relationship with each parent.
• Risk factors: Violence, neglect, addiction, severe conflict, or attempts to alienate the child from the other parent.

What usually happens at 15 in real life

• If both parents cooperate:
  • They may agree to keep the child with the mother or move the child to the father.
  • They can sign a settlement and have it approved by the Sharia Court, which gives it legal force.
• If the father wants transfer and the mother refuses:
  1. The father files a custody-transfer case in the Sharia Court.
  2. The court hears both parents and may listen to the child, usually in a private session.
  3. The judge may request social studies or school reports.
  4. The court issues a judgment to keep custody as is, or transfer it, or set a gradual transition.
• If the child strongly refuses to move:
  • The judge gives weight to the child's wishes, especially for older teens.
  • However, the judge can still order a transfer if the current situation is harmful.

Key tips for parents approaching the "age of transfer"

• Start discussing the future with your child calmly at least 1 year before they reach 15.
• Try to reach a written agreement with the other parent before conflict escalates.
• Collect school, medical, or psychological reports if you expect a dispute.
• Speak to a family-law lawyer early to understand likely court outcomes in your specific case.

Can a mother in Jordan travel with her child without the father's permission?

Inside Jordan, a mother with custody can usually move and travel with the child freely unless a court has issued a specific travel ban. For travel outside Jordan or for issuing a passport, the mother generally needs the guardian father's consent or a Sharia Court order.

Domestic travel and relocation inside Jordan

• Moving within the same city:
  • The mother can change apartments or neighborhoods without formal permission.
  • She should, however, share the new address with the father so he can exercise visitation.
• Moving to a different city or governorate:
  • Legally possible, but the court may see a very distant move that blocks the father's contact as a reason to change custody.
  • Frequent fights over relocation can lead to modification of custody or visitation orders.
• Internal travel (for example Amman to Aqaba):
  • No need for written permission from the father, unless there is a court order limiting travel.
  • Practical tip: inform the other parent of longer trips, especially if they affect scheduled visitation.

International travel and passports

Jordanian practice distinguishes between short trips and permanent relocation, but in both cases, the guardian's role is crucial.

• Issuing or renewing passports:
  • By default, the legal guardian (usually the father) must sign for the child's passport.
  • If the father refuses without good reason, the mother can request a court order allowing her to complete the process.
• Short trips outside Jordan (holidays, visits):
  • Practically, airlines and border authorities often require written consent from the guardian, especially if parents are divorced.
  • Many mothers carry a notarized or court-approved travel consent from the father.
  • If there is a travel ban registered in the child's name, the mother cannot depart without lifting it by court order.
• Permanent relocation abroad:
  • Usually requires the guardian's clear consent.
  • If the father objects, the court will look at:
    • Reasons for relocation (work, remarriage, safety).
    • Whether the father will be effectively cut off from the child.
    • The child's best interests, including schooling and stability.
  • The court may deny relocation or allow it with conditions (for example extended summer visits with the father).

How to get court permission to travel if the father refuses

1. Consult a lawyer to assess how strong your case is and what evidence you need.
2. File a petition before the Sharia Court requesting permission to travel and/or to issue a passport for the child.
3. Notify the father; he will have the chance to object and explain his reasons.
4. Show the judge:
   • Travel dates and purpose (tickets, hotel bookings, school invitations, medical reports).
   • That you will return, or if relocation is requested, how you will preserve contact with the father (video calls, visits, etc.).
5. Receive a court decision that either:
   • Authorizes issuing a passport and travel, or
   • Rejects the request, or
   • Sets conditions and time limits.

Practical documents mothers should carry when traveling

• Copy of the custody judgment (hadhana order).
• Birth certificate showing parentage.
• Guardian's written consent, ideally notarized or approved by the Sharia Court.
• Any court decisions lifting travel bans or authorizing travel.

When can a mother lose custody (hadhana) of her child in Jordan?

A mother in Jordan can lose custody if she no longer meets the legal conditions for a custodian, such as if she remarries a man who is not closely related to the child, becomes clearly unfit, or seriously blocks the father's rights of visitation. The decision is always made by a Sharia Court judge based on the Jordanian Personal Status Law and the child's best interests.

Main legal conditions for a custodian

Broadly, the custodian (mother or anyone else) must:

• Be a responsible adult and of sound mind.
• Be trustworthy and able to provide safe, moral, and stable care.
• Be physically and mentally able to look after the child.
• Provide suitable accommodation for the child.
• Not live in a situation that exposes the child to harm or serious immorality.

Common reasons a mother may lose hadhana

• Remarriage to a non-mahram of the child
  • If the mother marries a man who is not a close relative of the child (not a grandfather, uncle, or similar), the father can file for transfer of custody.
  • The judge will consider:
    • The child's age.
    • The new husband's character and home environment.
    • Whether the child is actually harmed or at serious risk.
  • In some cases, especially with older children, judges may keep the child with the mother if that is clearly better for the child.
• Blocking the father's contact and visitation
  • If the mother repeatedly refuses court-ordered visits, moves without informing the father, or hides the child, the father can request:
    • Enforcement of visitation through the Sharia Court, and
    • Change of custody if the behavior continues.
  • Judges see continuous obstruction as a serious violation of the child's right to a relationship with both parents.
• Serious neglect or abuse
  • Leaving young children alone for long periods.
  • Failing to provide basic hygiene, food, or medical care.
  • Exposing the child to physical or emotional abuse in the home.
• Addiction or severe mental illness
  • Drug or alcohol addiction that affects parenting.
  • Untreated mental illness that makes the mother unable to supervise or protect the child.
  • The court may request medical reports before deciding.
• Relocation that cuts the father off
  • Moving the child far away (inside or outside Jordan) without agreement or court approval.
  • Ignoring the father's attempts to maintain contact.

How fathers typically challenge custody

1. The father files a case before the Sharia Court to drop custody from the mother and transfer it to him (or another relative).
2. He presents evidence: witness statements, documents, medical reports, school reports, social media evidence, or police reports.
3. The mother responds and presents her own evidence defending her custody.
4. The court may order social inquiries or visit the child's environment through social services.
5. The judge issues a judgment either:
   • Keeping custody with the mother, possibly with warnings or conditions, or
   • Transferring custody to the father or another relative.

How mothers can reduce the risk of losing custody

• Keep a record of the father's visits and your cooperation.
• Do not speak badly about the other parent in front of the child, especially in ways that can be recorded or witnessed.
• If you plan to remarry or move, speak to a lawyer first to understand the exact impact in your situation.
• Address any genuine concerns the father raises (for example, safety, school performance) and document what you did.

How do Jordanian courts decide what is in the best interests of the child?

Jordanian Sharia Courts use the Jordanian Personal Status Law and Islamic principles but they also look practically at what arrangement protects the child's health, education, stability, and emotional wellbeing. The child's best interests can override strict preferences if staying with the usual custodian would clearly harm the child.

Main factors judges consider

• Emotional stability
  • Attachment to the current caregiver.
  • Level of conflict in each home.
  • Signs of stress, anxiety, or depression in the child.
• Physical safety
  • Any history of domestic violence or abuse.
  • Living conditions (crowding, cleanliness, dangers).
• Education
  • School continuity and performance.
  • Absences, disciplinary issues, and changes in grades.
• Health
  • Medical needs and who actually takes the child to appointments.
  • Whether one parent consistently ignores medical advice.
• Cooperation between parents
  • Ability to communicate about the child without constant fights.
  • Respecting visitation schedules and court orders.
• Child's opinion
  • More weight is given as the child gets older.
  • Judges try to distinguish genuine preference from influence or pressure.

Evidence that influences judges

• School reports and attendance records.
• Medical reports (for example long-term illnesses, psychiatric opinions).
• Police reports or protection orders related to domestic violence.
• Social investigations ordered by the court.
• Testimony from relatives, neighbors, or teachers.

How you can present your case around "best interests"

• Focus on the child's needs, not on attacking the other parent's personality.
• Bring concrete evidence: attendance, grades, photos of the home, communication records showing cooperation.
• Show that you support the child's relationship with the other parent.
• Prepare your child only by reassuring them that they can speak honestly to the judge; do not coach them in detail.

How are visitation and communication arranged with the non-custodial parent?

In Jordan, the Sharia Court sets visitation rights for the non-custodial parent, usually the father if the mother has custody, or the mother if custody is transferred. These arrangements cover weekly visits, holidays, and sometimes electronic communication such as phone or video calls.

Typical visitation patterns

• Weekly visits
  • Often 1 or 2 days per week (for example one afternoon plus part of Friday or Saturday).
  • Sometimes overnight visits for older children, depending on the circumstances.
• School holidays
  • Division of Eid holidays between the parents in alternating years.
  • Extended time with the non-custodial parent during summer vacations, especially if one parent lives abroad.
• Special occasions
  • Some judgments specify birthdays or religious holidays.
  • Parents can always agree informally on extra time if they cooperate.

Enforcement of visitation orders

1. If a parent blocks agreed or court-ordered visits, the other parent can file an enforcement request in the Sharia Court.
2. The court may:
   • Warn the blocking parent and set deadlines.
   • Threaten fines or other measures.
   • Consider persistent obstruction as a reason to modify custody.
3. If the child refuses to go because of fear or conflict, the court may involve social services to assess the situation.

Communication in the digital age

Many modern Jordanian judgments mention electronic contact. Even if the court order is silent, parents can agree to:

• Regular video calls (for example twice a week at fixed times).
• Sharing school information and photos through agreed apps.
• Rules for phone use to prevent constant conflict or interference.

Practical tips to make visitation work

• Keep the handover location neutral and predictable (for example outside a police station, a mall, or a relative's home).
• Be punctual; repeated delays often cause anger that spills over into the court.
• Do not use the child as a messenger for adult issues like unpaid maintenance.
• After visits, do not interrogate the child; instead, ask light, open questions to let them share what they want.

What does a typical custody or travel case cost and how long does it take in Jordan?

Costs and timelines in Jordanian family cases vary by complexity, but most custody or travel disputes take several months to over a year, and legal fees often reach the low thousands of Jordanian dinars. Court filing fees are relatively modest compared to lawyer fees and other practical expenses.

Typical cost components

• Court filing fees and stamps.
• Lawyer fees (usually the largest part).
• Translation or document legalization if one parent is abroad.
• Travel costs for hearings and visits.

These are indicative ranges; actual figures depend on the lawyer's experience, court, and complexity. Some lawyers offer fixed-fee packages for specific procedures, while others charge per hearing or per stage of the case.

How to control costs and speed up your case

• Prepare documents and evidence in advance instead of adding them piece by piece.
• Respond quickly to your lawyer's questions and document requests.
• Avoid unnecessary complaints and counterclaims that do not directly serve your main goal.
• Whenever possible, negotiate settlements for clear issues (like visitation schedules) and leave only the core dispute for the judge.

When should parents in Jordan hire a lawyer or expert?

You should hire a lawyer in Jordan when there is serious disagreement about custody, travel, or guardianship, or when the other parent has already gone to court. A lawyer is also essential if you face allegations that could cause you to lose custody.

Situations where legal help is strongly recommended

• You receive a court summons from a Sharia Court about custody, visitation, or travel.
• The other parent threatens to take the child abroad or not return the child after a visit.
• You plan to remarry or relocate and worry about losing custody.
• You suspect the other parent is preparing a case to drop your custody (for example gathering evidence, filing police complaints).
• You need to transfer legal guardianship (wilaya) because the father is absent, deceased, or unfit.

Other experts who can help

• Child psychologists to:
  • Evaluate the impact of conflict on the child.
  • Provide reports that the court may consider.
  • Support the child before and after hearings.
• Social workers or mediators to:
  • Help parents agree on practical schedules.
  • Reduce communication problems without immediately going to court.
• Embassy or consular staff if one parent or the child has foreign nationality, to:
  • Explain documentation requirements.
  • Assist in cross-border travel or abduction scenarios.

How to choose a family lawyer in Jordan

• Look for someone who regularly appears before Sharia Courts and knows the latest amendments to the Jordanian Personal Status Law.
• Ask specifically about experience with travel, hadhana, and wilaya cases, not only divorce and alimony.
• Request a clear fee structure and written engagement terms.
• Choose someone who speaks clearly, gives realistic expectations, and focuses on the child's welfare, not just "winning."

What are the next steps for parents dealing with custody and guardianship in Jordan?

The most effective next steps are to clarify your current legal position, document your parenting role, and either negotiate a clear agreement or prepare for court with focused evidence. Acting early and calmly usually protects both your rights and your child's stability better than waiting for a crisis.

Step-by-step action plan

1. Clarify your status
   • Get copies of your divorce judgment, custody decision, and any visitation or travel orders.
   • Check whether the father is clearly named as guardian, and whether any changes have been ordered.
2. Document your role as a parent
   • Keep school reports, medical records, and evidence of your daily care.
   • Record calendars of visits, communication, and any blocked contact.
3. Discuss and negotiate where possible
   • Try to agree with the other parent on specific issues: school, visitation, holiday travel.
   • Put agreements in writing and, for important issues, have them confirmed by the Sharia Court.
4. Seek legal advice before big decisions
   • Consult a family-law lawyer before remarrying, relocating, or planning long trips abroad with your child.
   • Ask the lawyer to simulate likely court outcomes, so you decide with realistic expectations.
5. Prepare for court if needed
   • Work with your lawyer to define a clear, narrow goal: for example, "permission to travel for 2 weeks each summer," not ten different demands at once.
   • Organize your evidence logically, focusing on the child's best interests.
6. Protect your child emotionally
   • Keep adult conflict away from the child as much as possible.
   • Reassure them that both parents love them, regardless of the court process.

Understanding how hadhana and wilaya operate in Jordan - especially the age of transfer, travel rules, and conditions that affect custody - gives you leverage to plan ahead rather than react in panic. With clear information, targeted legal support, and a child-focused approach, you can navigate the system with far less confusion and conflict.