التطبيقات القضائية للحضانة وإشكالاتها في التشريع الجزائري

Abstract EN

Custody is one of the most important issues in the field of the family, especially after the dissolution of the marriage contract, as it is one of the most important and accurate issues related to personal status and the most infringing on family obligations and rights due to its close connection with the most important and weakest member in the family, which makes it an area for many ongoing judicial disputes, whether at the local level or the international one, especially if we know that judicial rulings reveal custody in practice and do not establish it.

among the substantive issues related to custody, such as determining who is proven custody, its cessation and forfeiture, determining the visiting times and duration, the arrangement of the two custodians, and the extent to which the judge is able to override this arrangement, given the interest of the fostered, whether in attributing or dropping custody between capacity and narrowness.

and while the issue of custody has been cordoned off and fenced off with an impregnable fence of provisions and legal texts, this is due to what the law has granted to the family affairs judge of wide powers, whether in the family law or in the civil and administrative procedures law.