خلاصة:
One of the important and problematic topics in the field of family law, which is significant from various dimensions including social, psychological, educational, and legal aspects, is the issue of the end of custody. Due to its close relationship with emotional, educational, and social aspects, the rules governing it possess a specific complexity and sensitivity. Despite the existence of numerous issues in the field of custody, our legislator has established rules in the Civil Code regarding the general expression of the ruling. In Iranian law, a girl is considered an adult after reaching nine full lunar years, and a boy after reaching fifteen lunar years, and after reaching the aforementioned age, the term child or infant is no longer applied. For this reason, after the aforementioned ages, the obligation of custody is essentially waived and its duration comes to an end. Of course, every adolescent still needs care after reaching the age of puberty and before entering society. For this reason, while the right of custody is waived after the aforementioned ages, in practice and in terms of individual and social interest, the father and mother still feel responsible and continue the custody of children until they reach the stage of practical independence. This supervision exists for girls until the time of marriage and for boys until the time of employment. Therefore, limiting the duration of custody to the age of nine years for girls and fifteen years for boys is contrary to custom and interest and is subject to criticism.
ملخص الجهاز:
It is worth mentioning that according to opinion 7/8728- 83/11/20 of the Legal Department of the Judiciary, if the person to whom custody of the child has been entrusted prevents the child from meeting entitled persons, their action will be subject to Article 14 of the Family Protection Law. However, in some cases, the legislator has stated the ruling but has not provided a specific guarantee for its enforcement, leaving its appearance to the conscience and morality of individuals.
" Similarly, Article 54 of the new Protection Law stipulates in this regard: "If the person responsible for custody refrains from performing their prescribed duties or prevents the child from meeting entitled persons, they shall be sentenced to pay a grade eight fine for the first time, and in case of repetition, to the maximum of the aforementioned punishment.
However, if that person continues to refuse custody despite the court order, the court, according to the Civil Code, cannot apply any other enforcement mechanism except assigning the care of the child to another person at the expense of the father, or in case of the father's death or lack of financial capacity, at the expense of the mother (Safaei, 1387: 362).
And in Article 1173 of the aforementioned law, it is stated: «Whenever the physical health or moral upbringing of a child under the custody of a father or mother is at risk due to lack of care or moral degradation of said parent, the court may take any decision it deems appropriate for the custody of the child.
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