In a groundbreaking decision, a US court has ruled in favor of Bethany Alhaidari, an American activist who fled Saudi Arabia in 2019 with her daughter, Zaina. The ruling allows Alhaidari to defy a Saudi custody order, providing refuge in the United States, as returning to Saudi Arabia poses a serious risk of a death sentence due to her religious and political beliefs.
This marks the first instance where Saudi rules on child custody and the use of the death penalty against female activists have been scrutinized in a US court. The Washington state appeals court, upholding a lower court’s decision, emphasized that it need not enforce another nation’s child custody decree when the foreign country’s law punishes ‘apostasy’ by death.
The court also acknowledged that the custody agreement signed by Bethany Alhaidari in Saudi Arabia had been done under duress. The ruling is seen as the conclusion of a protracted and contentious custody battle with her Saudi ex-husband, Ghassan Abdulrahman Alhaidari.
Bethany Alhaidari alleged verbal and physical abuse by her ex-husband during their marriage, which he denied. Following their divorce, she claimed to have been deprived of her parental rights. Ghassan resorted to public scrutiny by posting compromising photos of Bethany during their legal dispute, leading to investigations for public indecency.
To escape Saudi Arabia, Alhaidari devised a plan, including a fabricated relationship with her ex-husband, apologizing, and pretending to be in love. This strategy allowed her to regain his trust and secure permission to leave the kingdom with her daughter.
The court’s decision brings relief to Bethany Alhaidari, who has become an outspoken activist for individuals imprisoned in Saudi Arabia. Notably, she lobbied for a change in Washington state law, enabling state custody courts to challenge foreign jurisdictions when the other country’s law condemns ‘apostasy’ with the death penalty.
Expressing overwhelming relief, Alhaidari thanked those who supported her, including legislators and her legal team. The ruling not only ends a years-long legal battle but also underscores the importance of legal changes in safeguarding individuals facing egregious human rights issues in custody cases with foreign implications.
