Child Proceedings Lawyers in Tunisia

The custodial duties in Tunisia are allocated and divided by the court in the most suitable manner. After the divorce, the minor has the right to maintain a continuous relationship to each parent 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 any, and establish the type and amount of Guardianship and Custodial duties

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, - here being exercised by both parents as long as they are married (art. 57 of the CSPT).

Regarding her child, the mother can, however, "have a right to oversee her affairs, provide the her education and send the kids to schools. "(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 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, of good character, able to take care of the child, free from contagious disease;

* Have at his disposal a woman who assumes the responsibilities of custody", if it is a man;

* Be related to a female infant to a prohibited degree if it is a man (example: it may be the child's uncle);

* Be unmarried, if it is a woman, "unless the judge considers the contrary in the interests of the child, or if the husband is related to a prohibited degree of the child or guardian of this one " ;

* Be of the same religious denomination as the father, unless the child is over five years old and there is a guarantee that he is brought up in the father's religion.

This latter requirement does not apply when custody is entrusted to the mother of the child.

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