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The Right of Visiting and Custodianship in the National Child and Adolescent Rights Document
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Maryam al-Sadat Mohaghegh Damad   |
| Department of Family Law, Imam Sadegh University, Women's Campus, Tehran, Iran. |
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Abstract: (267 Views) |
Background and Aim: Emotional dependence between family members gives them the right to live together and enjoy being together. When the parents separate from each other for any reason, the child loses the possibility of living with both of them at the same time, and in this case, through the right of custody and visitation; he still maintains the possibility of benefiting from the existence of his parents. This study was conducted with the aim of investigating the visitation and custody rights, emphasizing the National Child and Adolescent Rights Document.
Method: The present fundamental article has been done in the documentary-library method in the descriptive-analytical type and by studying the internal laws and regulations.
Results: The word "child" or "infant" does not have a precise definition in the various laws and regulations in the country, and some judges have considered girls after the age of nine to be outside the title of children and they do not enter into custody or visitation disputes.
Conclusion: According to the spirit of the laws, it does not seem logical to deprive a nine-year-old child of the right to custody. For this reason, after examining this issue in the existing laws and regulations, it seems that, as dictated by custom and equity and also based on the articles mentioned in the National Document on the Rights of Child and Adolescent, children and adolescents need custody and guardianship and the competent court has the ability to investigate and determine duties in relation to them.
Please cite this article as:
Mohaghegh Damad MA. The Right of Visiting and Custodianship in the National Child and Adolescent Rights Document. Child Rights Journal. 2022; 4(13): 13-21. |
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| Keywords: The Right of Visiting, The Right of Custodianship, The Right of Upbringing, The Legal Concept of the Child, National Child Document |
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Full-Text [PDF 547 kb]
(163 Downloads)
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Type of Study: Original Article |
Received: 2022/01/30 | Accepted: 2022/04/16
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