The personal status courts throughout the country have seen a lot of requests of the temporary guardianship deeds for the foster mother in order to travel with the minor. In particular, after the migration of some fathers and inability to get his approval. But the ad hoc judges limit the grant of these temporary deeds to travel for treatment only.
Ahmed Alsafar, judge of personal status court of Federal Basra Appeal Court, says that the travel of the minor without learning of the father is constituted a damage to the minor since he doesn't know whether the minor will travel to far or unknown places, Specially the father is still the compulsory and legal custodian of the minor. If the damage is proved , the custody will be taken.
Regarding the qualifying the minor, the judge adds the mother is entitled primary the custody by the Personal Status Code but the father remains the legal and compulsory custodian of the minor, specifically in the cases of travelling that result in big problems such as the migration of mother with the child and alienation him from his country or hiding him so that law sets a temporary guardianship deed in the case of traveling the child with its mother.
The judge considers that the marriage of mother doesn't prejudice the terms of the custody and grant the temporary custody if it is needed with the necessity of the father's approval and the wife shall write pledge to care the minor.
Alsafar divided the temporary travel into kinds : the first one is the travel inside Iraq. Thus, neither the passport nor the approval of the father is needed but in a condition the minor shall not go to the far areas since that may threaten the minor's life or may damage it.
The second kind is the travel outside Iraq for treatment. In spite of the disapproval of the father, the court will authorize the mother to travel temporarily for treatment but in a condition the period of the trip doesn't exceed (15)days after the mother pledges to get back the minor within the scheduled period.
Sami Turkey , judge of personal status of Al-Dora explains the cases of the grant the temporary guardianship at the courts. The most problems lead to request and grant the temporary guardianship deeds is caused by the missing of father but if the he exists, there will be no problem as the father is the legal and compulsory custodian of the minors who are with mother.
Turkey confirms the speech of ALsafar, by saying that the temporary guardianship is not often granted for the tourist travel and visits the shrines. However, there are special cases to grant it such as the travel for treatment but on conditions.
The judge shows the producers of the granting the temporary custody deeds for the medical condition associated to exciting of the medical report on the health situation of the minor like be incurable and requiring to travel in the case of non exciting the father or he is missing.
The judge keeps on, if the foster mother is employee, the judge will be ensure to issue the decision about granting the temporary guardianship deed since the employees are often specified by the scheduled permission, much less the difficulty of leaving the employment and escaping with child in addition if the mother has the custody for many years it will be a comforting reason to grant the guardianship.
The judge also refers that the court doesn't depend on the medical reports by the competent doctor or the private hospitals. Instead , the court only considers the reports of the governmental hospitals as they are the official bodies. By the way, the judge takes in account the request and the health condition of the minor since there are rapid conditions and others are incurable.
Sami Turkey confirms that the request of the temporary guardianship deed for the tourism is dismissed even the travel is for many days.
The judge identifies the conditions with which the request of grant the custody is defeated such as father is absent or missing like migrants and his address is not known or the disability of his presence and taking care minor therefore the court determined to file a case to terminate custody according to article(33) of the Welfare of Minors Act which decides to file such case if the period of disappearance father exceeds a year after following the legal processes to notify him.