In the event of divorce custodial arrangements in Tunisia are allocated by the court and divided between the parents in the most suitable manner. After the divorce, a minor has the right to maintain a continuous relationship with both parents and to receive schooling, education, care etc. from both parents.
During the divorce proceedings, the judge will determine which spouse will have custody of the children, if either, and establish the type and amount of Guardianship and Custodial duties each parent must undertake
In Tunisia, the concept of parental authority does not exist, on the one hand there is legal guardianship, most often exercised by the father (art. 153 and 154 of the CSPT), on the other hand, custody, which is generally exercised by both parents during the course of their marriage. (art. 57 of the CSPT).
The mother can, "have a right to oversee the affairs of a child, providing education and ensure the children attend school. "(Art. 60 of the CSPT)
In the event of divorce, custody is assigned to one of the parents or to a third party according to the best interests of the child (art. 67 of the CSPT). The conditions to be met by the holder of custody rights are set out in Article 58 of the Tunisian Personal Status Code. Thus the guardian must:
* Be of legal age and of good character. Be capable of taking care of the child, and also be free from a contagious disease
* If a man is appointed guardian he must have at his disposal a woman who assumes the responsibilities of custody.
* The guardian must be related to a female infant to a certain level, if it is a man, for example, he could be the child's uncle
* If a woman is appointed she must be unmarried, unless the judge considers this to be contrary to the best interests of the child, or if her husband is related to the child or guardian.
* Be of the same religious denomination as the father, unless the child is over five years old and there is a guarantee that the child is to be brought up in the same religion as their father.
This latter requirement does not apply when custody is entrusted to the mother of the child.
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