Abstract

The child in custody is the result of a legal marriage between two spouses in a state of separation. He is a weak person who cannot take care of his affairs by himself and needs the help of others. Therefore, the jurists of Islamic law and Algerian legislation have taken care of his interests by bringing what benefits him and repelling everything that harms him.
Where they considered the principle of taking into account the interests of the ward as a basic criterion in all matters related to the child in custody,and it was enshrined in the judicial rulings and decisions through the decisions of the Supreme Court, starting from the stage of filing the lawsuit until after the final ruling thereon,despite the fact that this interest is characterized by change and objectivity, the family affairs judge seeks, by virtue of his discretionary authority, to achieve it in the litigation stage, using procedural and objective controls, the most important of which is appointing experts from social guides and conducting investigations by hearing and inspection, taking into account the moral and material aspect of the custodian, before granting it to those entitled to it, and also taking into account the availability of the conditions related to custody and its objectives, which if absent in the custodian, another custodian is determined and the legal arrangement is bypassed, and failure to adhere to it and ruling to end it or extend it or drop it or recover it, taking into account the interest of the ward.
The Algerian legislator also granted judicial protection to the interests of the child in custody, whether moral or material, in the period between filing a lawsuit to dissolve the marital bond until after the final ruling, through the right to resort to the emergency judiciary, which plays a protective role in the litigation stage, and requesting an order on a petition regarding matters of custody, visitation, alimony, and housing or its rent, and through criminalizing acts that harm the child in custody after the issuance of the ruling, such as the crime of not handing over the child in custody to the person who has the right to claim him, and the crime of not paying the alimony due to him, in addition to concluding a bilateral agreement on children of Algerian-French mixed marriage and creating a law regulating the mechanisms for collecting alimony as a guarantee for paying alimony to the child in custody.
Keywords Assigning custody, dropping custody, Algerian judicial effort
, material interest, moral interest.

Information

Item Type:	Thesis
Divisions:	» Faculty of Law and Political Sciences
ePrint ID:	5432
Date Deposited:	2025-06-15
Further Information:	Google Scholar
URI:	https://www.univ-soukahras.dz/en/publication/article/5432

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