The Right of the Child to Leave the Country by the Mother is a Challenge in Iran's Judicial Procedure (with Emphasis on the Decree Issued by the 11th Branch of the Court of Appeal of Mazandaran Province)

Document Type : Original Article

Authors
Mohammad Saeid Hosseini 1
Shayesteh Salehi 2
Nahid Ghasemi 3
Mohsen Mahdizadeh 3
1 Master of Criminal Law and Criminology, Islamic Azad University, Tehran Center, Tehran, Iran (Corresponding Author)
2 Master of Private Law, Islamic Azad University, Kermanshah Branch, Kermanshah, Iran
3 Master of Private Law, Islamic Azad University, Ilam Branch, Ilam, Iran
10.22034/lc.2024.483954.1548
Abstract
Child custody after divorce is one of current law's most important issues and challenges. Therefore, while specifying the conditions for granting custody, the legislator considers the child's best interest to be very important and mentions it as an imperative aspect. International laws and regulations, such as the Convention on the Rights of the Child, emphasize this importance. But sometimes the dry and absolute interpretation of the law not only does not guarantee the, child's best interest but sometimes we also see its violation. For example, in the case of a child leaving the country with his mother after a divorce, due to the fear of not returning to Iran and violating the rights of the child and the father, the courts generally issue a decision not to leave the country in a single procedure. While this withdrawal may be necessary and its non-implementation may harm the best interests of the child. For example, his need for treatment is necessary for his health. Therefore, in such cases, by using all available capacities, including international human rights conventions and regulations (in addition to domestic laws), with intelligent decisions, the rights of all parties can be guaranteed and a verdict closer to justice can be issued
Keywords
the Right to Leave the Country of Custody of the Child
Custody
Child
Exit
Judicial Procedure
Subjects