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Custody Dispute Reaches International Levels

By John Caher

Courts in Texas and New York became embroiled in an international child custody squabble in which New York's Appellate Division, Third Department, awarded sole custody to the mother, rejecting the lower court, the law guardian, the wishes of the children and a prior custody agreement. An appellate panel in Albany, NY, overturned a Family Court judge in a case in which a Muslim man took his children to Saudi Arabia and obtained an ex parte custody order from an Islamic court.

Matter of Ahmad v. Naviwala, 92611, involves a devout Muslim couple with four children. Samia N. Ahmad and Iqbal M. Naviwala were married in 1986 and divorced in 1999. Mrs. Ahmad received an order of sole custody. Under the agreement, the noncustodial parent would receive 3 months of continuous visitation annually. However, after consulting Islamic law scholars, the couple agreed that sole custody would be transferred to Mr. Naviwala in 2000. In June 2000, before Mr. Naviwala was given sole custody, he brought the children to Saudi Arabia, where he now lives, for his 3-month visitation.

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