Iraq considers joint custody in case of change to personal status law

Shafaq News/ The Iraqi parliament is about to debate a proposed amendment to the Personal Status Law that would introduce joint custody arrangements in divorce cases.

The 57th Amendment, sponsored by MP Mohammed al-Khafaji, aims to promote a balanced upbringing of children and strengthen family stability in the face of rising divorce rates.

Despite the opposition, al-Khafaji reiterated his determination to work for the passage of the amendment, stressing that it could help maintain justice and protect families.

The proposed amendment to the Civil Status Act No. 188 of 1959 is part of the agenda of the upcoming parliamentary session on Wednesday.

What is Article 57?

Article 57 of the Personal Status Law of 1959 regulates child custody in Iraq.

The amendment changes the custody arrangements and gives the mother priority for custody of the child in divorces, but the court has the power to select the most suitable parent for custody based on certain criteria.

When making a decision, the judge takes several factors into account:

– When the child reaches the age of 15, he or she has the right to choose which parent he or she wants to live with – the father or the mother. Medical examinations may also be requested to determine the child's best interests.

– If neither parent is suitable for custody under Iraqi law, the court may award custody to a qualified guardian.

– In some cases, the court may place the child in a state residential facility for children.

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