Lawyer Mohammad Al Najjar explains the custody of the child, According to federal law No. 28 of 2005 on personal status, custody of the child is the care of the child in all cases. This right is granted to the biological mother unless the judge decides otherwise and this decision is primarily in the interests of the child. however, this right does not take away from the father the right of guardianship, maintenance and financial support of the children, starting with the provision of housing, food, education, medical care for them, as well as other life requirements, in order to guarantee the children a decent life.
When does Child Custody end?
Under Article 156 of the Federal Law No. 28 of 2005 on personal status, the mother’s custody of her children ends when the son reaches the age of 11 and the daughter reaches the age of 13; sometimes there are some exceptional decisions that are granted to the incubator, such as extending the custody period in the interests of the son until he reaches and the daughter until she marries, but on condition that the incubator or the custodian provide proof of good custody of the children through school reports and health records.
Conditions to be met in the custodian (Man or woman) under Articles 143 and 144 of the Personal Status Law in Chapter II on custody:
We must note that custody is granted to the biological mother; but with the following conditions:
- Sanity
- Honest personality
- Be qualified to raise and care for children
- No serious illnesses
- She has never been sentenced to special provisions on display and honor issues
- Never remarry; unless the court decides otherwise in the interests of the children
- The mother and the child must be of the same religion, but if she is not of the religion of the children, her custody shall be forfeited unless the judge decides another matter.
Conditions that must be met if the custodian is the father:
- Sanity
- Personal honesty
- No serious illnesses
- To have women who are suitable for children
- Not marry unless the court decides otherwise
- Father and children must be of the same religion.
- No serious illnesses
The mandate falls to him if:
- Sentenced to hard labor or life imprisonment
- Sentences relating to cases of sexual assault.
- Conduct that endangers children’s health and safety
The father also has the right to claim custody of the son if he notices that the mother’s upbringing has negatively affected the son’s personality and masculinity and made him a soft person; so that he becomes responsible, and this decision is up to the judge in such cases.
The biological mother comes first to the custody of the child and then the rest of the incest women on the part of the mother and then the father in the following order:
- The mother of the mother
- Mother and father
- Sisters introduce sister then sister to mother, then sister to Father
- Stepsister sister
- Sister’s daughter to Mother.
- Aunts in advanced order in Sisters.
- Sister’s daughter to a father.
- Brother’s daughters in advanced order in Sisters.
- Aunts in the order mentioned.
- Mother’s aunts in the order mentioned.
- Father’s aunts in the order mentioned.
- Mother’s aunts in the order mentioned.
- Father’s aunts in the order mentioned
Custody then should transfer to men-if no woman qualifies for custody – and the right grandparent has priority, followed by brothers, in the order of succession.
Then, Custody should transfer to non-neurotic men if no one of the neurotic men is fit to take custody of the children and arrange them as follows:
- Maternal grandfather
- Mother’s brother
- Mother’s nephew
- Mother’s Uncle
- The Brother Uncle
- Uncle to father and uncle to mother
** In case of a marital dispute or disagreements between the father and the mother and the mother left the marital home-and the marriage still exists – both mother and father have the right to demand the annexation of the children, and the judge may decide in such cases in the interests of the children and each wanted to claim custody of the child.
Travel ban:
** Neither the custodian mother nor the custodian father may travel abroad with the children without the written consent of the Guardian, and if one of them travels in custody without the knowledge of the other party, this falls under the heading of abduction and entails serious legal consequences.
If one of the parties suspects that the children may travel abroad, they must apply for a travel ban to prevent the children from leaving the airport.
In the event of a dispute between the mother and the father on this subject, the judge shall decide on such dispute based on the provisions of Article 151 as follows:
It is not permissible for the father, if he is the parent of the child, to travel with the child during the incubation period unless with the written permission of the babysitter
If the custodian is not the biological mother of the child, she is not entitled to travel with the child unless with the written permission of the Guardian.
If the father travels, custody of the foster mother may not be dropped unless such travel is for the purpose of living stability and does not constitute harm to the mother, and the distance between the two countries is so far that it represents hardship and difficulty in seeing the child and returning by public transport .
