دور الاجتهاد القضائي الجزائري في تقدير مصلحة المحضون

Abstract EN

The judge is always prepared to consider any case committed before him, and he is committed to both parties.

as for custody cases, the judge does not only adhere to the decisions of the child in custody regarding custody, but rather bases his ruling on the interest of the child in custody, and since the sanatorium for the child in custody is a real issue, what the judge can do is to look at the controls of the child and the circumstances of those seeking custody, as article 64 of the QAG stipulates that: “the mother has custody of her son, then the father, then the maternal grandmother, then the grandmother with custody of the child in custody in all of that, and when the judge rules to assign full custody to visitation.

this is what we also infer from article 65 of the same law, which states the following: “the period of custody for a male ends when he reaches (10) years and for a female when she reaches the age of marriage.

the judge may extend the custody for the male to (16) years if the custodian has not remarried.