A judicial precedent in Morocco.. A court refuses to revoke a mother’s custody of her child despite her marriage

A judicial precedent in Morocco.. A court refuses to revoke a mother’s custody of her child despite her marriage
A judicial precedent in Morocco.. A court refuses to revoke a mother’s custody of her child despite her marriage
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A Moroccan court issued an unprecedented ruling, rejecting a request to drop custody of a mother because of her marriage, considering that the existence of potential psychological harm to the child in the event of changing her custody environment requires her best interest to prevail over the interest of the father, and to keep her with her mother.

The chapters of the case go back to April of last year, when the father submitted an application to the Court of First Instance in Midelt, central Morocco, in which he presented that the defendant (his ex-wife) got married, and they have an 8-year-old daughter, so he sought to drop her custody, and arrange the effects resulting from that. , with expedited entry into force, according to the “Legal Agenda” website.

For her part, the mother confirmed that her daughter is continuing her studies with great distinction in the fourth primary level, and is in dire need of her mother, and that she lives in an atmosphere marked by psychological and familial stability, pleading for the refusal of the request.

The court heard the statements of the child, who in turn confirmed that she “settled with her mother with her brothers from her mother, and that she lives in a good condition with them, and that she does not know her father because he rarely visits them, and that she wants to live with her mother and brothers.”

The court decided to reject the request to drop the mother’s custody despite her marriage, justifying its decision by stating that custody is granted to someone who fulfills the conditions stipulated in Article 173 of the Family Law, including the ability to raise and care for the child in custody, and to monitor his education.

The court’s decision also stated that although Article 171 of the law entitles custody to the mother, then to the father, then to the mother of the mother, the requirements of Article 186 oblige the court to take into account the interest of the fostered child in the first degree when applying the articles of the chapter related to custody.

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And it was proven to the court, according to what was reported by the “Legal Agenda” website, which specializes in legal and judicial affairs, that the girl lives with her mother, accompanied by her husband and her brothers from her mother, and has been under her actual custody since her childhood, and that she enjoys psychological stability with her mother, and continues her studies with distinction, in addition to that she refused to move to live with Her father is absolutely, which may be harmful to her, which makes her best interest lie in staying with her mother. Accordingly, the court ruled to reject the request.

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Commenting on this unprecedented ruling, the aforementioned website said that it brings to the fore the problems facing a large number of divorced Moroccan women who wish to retain custody of their children in the event of marriage, as Article 175 of the Family Code stipulates that the marriage of the custodian mother does not forfeit her custody if it is The child under custody is younger than 7 years old, or if he is harmed by separation from her, or if he has a disease or disability that makes his custody difficult for anyone other than the mother.

The importance of the ruling, according to the site, lies in the fact that it relied on a broad interpretation of the concept of harm to the child in the event of the loss of the mother’s custody, and the adoption of the idea of ​​potential psychological harm resulting from changing the environment of his custody.

In addition to the procedures adopted by the court, which resorted to listening to the eight-year-old girl as a matter of appeal to ascertain her opinion on the issue of assigning custody to one of her parents, noting that the age of choice specified in the Family Code is 15 years.

The women’s movement in Morocco has been arguing for years to drop all the “discriminatory requirements” contained in the Family Code and its compatibility with international conventions, especially with regard to discrimination between parents in dropping custody in the event of marriage, as the marriage of a custodial mother leads to dropping her custody if the child’s age exceeds 7. years or people with special needs, while the marriage of the custodial father does not lead to dropping his custody regardless of the age of the child.

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