دور القاضي في الموازنة بين مصلحة المحضون و امتياز الأم بحق الحضانة

Abstract EN

The Algerian legislature has given great importance to CHAREA regarding custody of children and has given the judge a broad discretion with regard to custody or disqualification, in order to take into account the interest of the child and to balance that interest with the right of custody granted to a group of persons whose mother is a priority, the Algerian judge in most of his decisions granted the mother the right to exercise custody and did not withdraw it from her even in the event that some conditions were not met, in order to ensure the fulfillment of the child's moral interest in particular.