Year:2022   Volume: 4   Issue: 4   Area: Law

  1. Home
  2. Article List
  3. ID: 572

Hiba Thamer Mahmoud AL- SAMAK

THE APPLICABLE LAW REGARDING MATERNAL CUSTODY

The phenomenon of child abduction after divorce due to mixed marriages has spread widely, as the legal texts governing the issue of custody through mixed marriages differ between countries, so the issue of conflict of laws in custody has been strongly raised. In many countries, the legislator did not set unified objective rules governing custody, which gives the legal and practical justification for opening the door to jurisprudential differences and differing judicial rulings because the child is the basis for the relationship between the father and mother after divorce. This prompted a study of the legal nature of custody, to determine the legal adaptation of custody, to set rules of attribution for custody, and to determine the eligibility of the custodian for the child., to determine the applicable law, the statement of its objective rules, the position of international agreements on custody and the extent of the commitment of states to implement them. The same applies in the case of the application of public order and morals, the domicile or place of residence of the child in custody and the criteria for the interests of the child, and other issues.

Keywords: Mixed Marriage, Custody, Conflict of Laws, Rules of Attribution in The Matter of Custody, The Child's Interest, Eligibility of The Custodian, Public Order And Public Morals

http://dx.doi.org/10.47832/2717-8293.18.38


23