The Legal Status of Custody An Analytical study in the Iraqi law of Personal status

Sadek Ahmmaed, Dalal

	The Legal Status of Custody An Analytical study in the Iraqi law of Personal status
Al-Ma'mon College Journal
Article 1, Volume 0, Issue 26, 2018, Pages 213-227
Author
Dalal Sadek Ahmmaed
Abstract
in article (57) the iraqi civil status law paid a big importance to custody issue being one of the most dangerous consequences of divorce. here the child in custody will mostly be judicially a point of dispute as the Iraqi legislator confined custody to strict conditions consistent with the doctrines of Islamic jurisprudence and leave the other conditions to judiciary and differences in the issue of custody appear due to the emergence of globalization and the introduction of the negative aspects of the culture of the West. . So the search for the legal status of child custody in the personal Status Law is made in an analytical method enhanced by decisions and judicial rulings issued by the Iraqi courts for the purpose of contributing in solving the custody problem, because the legal texts governing the suit nursery are in fact deficient and were sentenced to unsuccessful judicial right actsg unable to follow the principle of universality of the issues of custody and judicial applications outweigh the legislative text and here the damage caused to the interests of the child without considering the routine applications of the court Moreover ,the wide spread of the phenomenon of domestic violence and availing protection to the family by the Directorate of Family and Child Protection against domestic violence which led to the streamlined divorce and custody proceedings in 2003 after the collapse of the principle of reform and tolerance in the family by custodial mother preventing the father from seeing the children and the failure to allocate the place af meeting child-futher due to the current security conditions in the country

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