مجلة الدراسات الحقوقية
Volume 11, Numéro 1, Pages 323-351
2024-06-10
The Practical Problems Facing The Family Issues Judge In The Custody Cases
Authors : Elias Messaouda Naima .
Abstract
: In the amendment of the family law by Law 05-02 of 27/02/2005, the Algerian legislator integrated a set of changes to the objective provisions related to the divorce, including the issue of custody. Thus, he enacted new laws and amended others to make the partners in equivalent positions that enable both of them to have the right to custody and visit, in return for the material and moral effects that result from the right to custody. Besides, he treated the custody provisions in Articles 62 to 71 and devoted Article 72 to the custody house and rent. Due to the sensitivity of the issue of custody since it is related to children whose characters get affected positively or negatively, and so as to preserve the right of each part, the legislator guaranteed the children rights through justice and made the custody with all its related issues under the discretion of the judge who is entrusted with making good decisions to preserve children. In this line, the interest of the child is the first criterion the judge’s discretion is built on. Thus, the judge decides whom shall be granted the right to sole custody of the child, the forfeiture of the right, the extension of the custody, the right to visit, and the house of the custody. However, there are practical obstacles that hinder the judge of exercising his authority in the disputes related to the custody due to the flexibility of the laws that extend the interest of the child, and to other problematics when enforcing the provisions related to the custody and its related rights; including the visit and the housing.
Keywords
, the divorce ; : the family law ; the custody ; the children rights.
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