نوع مقاله : علمی- پژوهشی
نویسندگان
دانشگاه علوم قضایی و خدمات اداری
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Custody is one of the most important institutions in the mental and physical education of the child. Unfortunately, due to its various dimensions such as waiver of custody, transfer of custody, agreements on this right, possibility of granting custody to a third party and the fate of the parents' agreement after the intervention of the court and other aspects, not enough attention has been paid ; Therefore, we decided to reach a logical conclusion regarding the above cases by analyzing them and also emphasizing judicial procedure. It seems that despite the opposing views in the legal doctrine, the agreement on custody between the parents of the child is valid and binding And although we are facing a conflict of opinion in the judicial process, but the courts must accept that custody is a right between the parents of the child and only if both of them shoulder the burden of custody is a duty and they are bound.
But this does not preclude the right to the nature of custody, and they can come to an agreement among themselves about this right that contributes to the child's spiritual and physical development. The word "agreements" in Article 41 of the Family Protection Law also confirms this.
Also, in the opinion of the author, the agreement regarding custody of the contract is continuous and with the intervention of the court and the revocation of the custody of the transferee of this right, the said contract will be terminated.
کلیدواژهها [English]
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