The President of Supreme Judicial Council Discusses with Specialists High Rate of Divorce and Child Custody
The President of the Supreme Judicial Council , judge Faiq Zidan and the senior judge of Personal Status and Personal Affairs Panel, judge Salih Shamikhi met with number of jurists and discussed the following :
- Increase the divorce rate according to statistics provided by competent courts , the attendees found out that a reasons is lack of attention to the fate of children after the divorce, especially the wife is reassured that children remain in her custody until age of 15 years. It was agreed that the article (57) of Personal Status Act is the defining element in the subject of child custody after the divorce since the said article identified the age of custody by (10) years and then the custody refers to father if the child subject to custody doesn't affected and according to circumstances of the wife and the husband ,whoever is more suitable for the custody.
- Emphasis on joint care of children between the wife and the husband as well as the divorce doesn't prevent spouses from following up the affairs of the children regardless whoever take care of them.
- Expand the right to meet the children and divorced spouses have the right to meet them repeatedly. They should be allowed to accompany the child subject to custody to their houses, taking in account what provided in article (57/4) of Personal Status Act No.(188) of 1959 amended which set that the child subject to custody must be stay at his/her custodian.
- Instruct the competent judicial committee to reconsider the legislation in force to prepare a draft amendment of some articles of Personal Status Act including article(57) regarding the custody in order to find remedies, to preserve the unity of family ,to avoid the divorce and family disintegration and the resulting negative social phenomena .