السلطة التقديرية للقاضي في مراعاة مصلحة المحضون في قانون الأسرة الجزائري

الملخص EN

This study investigates the discretionary power of the judge in taking into account the interest of the child in custody, based on the legal texts and jurisprudence related to custody matters.

Meanwhile the Algerian legislator did not give an accurate definition of the principle of the welfare of the child in custody, due to the difficulty of this matter related to the family and its implications, but rather referred to it by defining the foundations and criteria aimed at achieving this interest represented in care, education and learning, as well as protecting and preserving all the rights of the child in custody.

With reference to reality, we find that the Algerian legislator has given the judge a wide discretionary power in this field, taking into account the interest of the child in custody as the main officer when assigning custody, and the legislator did well in that because the judge's implementation of this rule in his rulings guarantees adequate protection for the child.