Affiliation: Doctor of Law, Senior lecturer, Faculty of law University of Ain Temouchent Belhadj Bouchaib Algeria
Abstract: Custody is viewed as the most significant consequence resulting from the disruption of the marital bond in the presence of children as it is directly related to their fate after the separation of their parents. In this case, the person who is granted custody has the right and obligation to take care of the foster child and to manage his affairs as well. For this, it is generally said that the mother is the first person that can assume the guardianship of the child as she is entitled to do so. Except that usually, the custodial mother wants to start a new life through a new marriage, which is generally followed by the fathers filing a lawsuit to drop custody. The present study aims to determine and examine the fate of the foster child following the custodial mother’s remarriage in accordance with the requirements of the Algerian Family Code and jurisprudence in this respect.
@article {Horiya: 2023,
doi = {10.36475/9.1.2},
url = {https://doi.org/10.36475%2F9.1.1},
year = 2023,
month = {mar},
publisher = {European University Institute of Law},
volume = {9},
number = {1},
pages = {23-31},
title = { The fate of the foster child when the
foster mother gets married – an analytical study in algerian
law supported by jurisprudence },
journal = { Law and World }
}
×
TY - JOUR
AU – Horiya S.
DO - 10.36475/9.1.2
UR - http://dx.doi.org/10.36475/9.1.2
TI - The fate of the foster child when the foster mother gets married – an
analytical study in algerian law supported by jurisprudence
T2 - Law and World
PY - 2023
DA - 2023/03/31
PB - European University Institute of Law
SP - 23-31
IS - 1
VL - 9
SN - 2587-5043
SN - 2346-7916
ER -
×
Horiya, S. (2023). The fate of the foster child when the foster mother gets married – an analytical study in algerian law supported by jurisprudence. Law and World , 9(1), 23–31. Internet Archive. https://doi.org/10.36475/9.1.2
×
Horiya S, (2023). ‘THE FATE OF THE FOSTER CHILD WHEN THE FOSTER MOTHER GETS MARRIED – AN ANALYTICAL STUDY IN ALGERIAN LAW SUPPORTED BY JURISPRUDENCE’. Law and World , 9(1), pp. 23–31. Available at: https://doi.org/10.36475/9.1.2
×
Horiya, Souki. “ The Fate of the Foster Child When the Foster Mother Gets Married – an Analytical Study in Algerian Law Supported by Jurisprudence.” Law and World , vol. 9, no. 1, Mar. 2023, pp. 23–31. Internet Archive, Crossref, https://doi.org/10.36475/9.1.2.
×
[1] S. Horiya “ The fate of the foster child when the foster mother gets married – an analytical study in algerian law supported by jurisprudence,” Law and World , vol. 9, no. 1, pp. 23–31, Mar. 2023, doi: 10.36475/9.1.2.
×
1. Horiya S., The fate of the foster child when the foster mother gets married – an analytical study in algerian law supported by jurisprudence. Law and World [Internet]. 2023 Mar 31;9(1):23–31. Available from: http://dx.doi.org/10.36475/9.1.2
×
Souki Horiya, “ The Fate of the Foster Child When the Foster Mother Gets Married – an Analytical Study in Algerian Law Supported by Jurisprudence.” Law and World 9, no. 1 (March 31, 2023): 23–31. https://doi.org/10.36475/9.1.2.
Othman Al-Takrouri – Explaining the Personal Status Law – Dar Al-Fikr for Culture, Publishing and Distribution in Jordan (1990).
ARTICLES:
Boubaker Khalaf – The interests of the fostered child – A comparative jurisprudence study – Journal of Human Sciences, Issue 44 at Mohamed Kheidar University in the city of Biskra in Algeria (2016).
Bousabeat Sawsan – Protection of the fostered child between the unfairness of the legislative texts and the jurisprudence of the family affairs judge – Journal of Human Sciences, Volume 31, Issue 04 – University of Mentouri Brothers in the city of Constantine in Algeria (2020).
Adel Aissaoui – The discretionary power of the judge in determining the interests of the fostered child in accordance with the Supreme Court jurisprudence – Annals of the University of Algiers 1, Volume 34, Number 04 (2020).
Muhammad Bejaq – Considering the interest of the fostered child between jurisprudence requirements and judicial practice – Research and Studies Journal, No. 17 (2014).
Hayat Maghari and Dalila Farkous – The role of jurisprudence in protecting the interests of the fostered child – Algerian Journal of Legal and Political Sciences, Vol. 58, No. 04 (2021).
Mohamed Haidara – Marriage of the foster mother in Islamic law and the Algerian Family Law – The Academia Journal of Social and Human Studies, Issue 20 (June 2018).
Ahmed Hiltali – Custody entitlement in the Algerian Legislation between Legal Text Arrangements and Granting Caveats – Journal of the Researcher for Legal and Political Studies, Issue 11 (September 2018).
Dikko Ammar, Abdul Halim, Mahzaniar, and Hal imatul Maryani – Implementation of Child Cus tody (Hadhanah) After Marriage Dissolution Due to Divorce (Juridical Analysis in Law Number 35 of 2014 concerning Child Protection and Com pilation of Islamic Law) – Electronic Research Journal of Social Sciences and Humanities, Vol. 3: Issue IV (Oct – Dec 2021).
Farida Prihatini, Abdul Karim Munthe, DelilaStefanya Pusparani, Ali Sumihar – The Problemof the Execution of Child Custody (Ḥadhanah) –Decision by the Religious Courts in Indonesia–Journal of Syariah, Jil. 27, Bil. 2 (2019).
Fawzi, Ṣuwar – Al-Haḍānahba‘da Al-Talāqfī AcehAl-Wusṭá – Indonesian Journal for Islamic Stud-ies, volume 24, N 01 (2017).
INTERNATIONAL AGREEMENT:
The Convention on the Rights of the Child 1989. Algeria ratified it pursuant to Presidential De cree No. 92-41, dated 19/12/1992.
LEGAL TEXTS:
Law No. 84-11 of June 9, 1984, which includes the Family Code, amended and supplemented by Decree No. 27 (February, 2005).
Law No. 09/08 of February 25, 2009, which in cludes the Code of Civil and Administrative Pro cedures, Official Gazette No. 21, issued on April 23, 2008, as amended and supplemented.
Republic of Indonesia – Law Number 1 of the year 1974 regarding Marriage (1974).
JUDICIAL DECISIONS:
A decision issued by the Supreme Court from the Personal Status Chamber, on 18/06/1991, File No. 75171. Unpublished.
A decision issued by the Supreme Court from the Personal Status Chamber No. 337176, issued on 16/11/2005.
A decision issued by the Supreme Court from the Personal Status Chamber No. 1302053, issued on 07/03/2019, and published in the Judicial Jour nal Issue (February, 2019).
A decision issued by the Supreme Court from the Personal Status Chamber No. 237526, issued on December 26, 2001, and published in the Ju dicial Journal, special issue (2001).
A decision issued by the Supreme Court from the Personal Status Chamber No. 201336, issued on 21/07/1998.
A decision issued by the Supreme Court from the Personal Status Chamber No. 1067582, issued on 04-05-2017, and published in the Judicial Journal Issue 01 (2017)
სქოლიო:
The Convention on the Rights of the Child (1989), ratified by Algeria by virtue of Presidential Decree No. 92-41, dated 19/12/1992. The agreement approved foster care and considered it a means of alternative care.
Law No. 84-11 of June 9, 1984, including the Family Code, amended and supplemented by Decree No. 27 of February 2005.
Adel Aissaoui – The discretionary power of the judge in determining the interests of the fostered child in accordance with the jurisprudence of the Supreme Court – Annals of the University of Algiers 1, Volume 34, Issue 04, 2020, p. 163.
Muhammad Bejaq – Considering the interests of the fostered child between jurisprudence requirements and judicial practice – Journal of Research and Studies, Issue 17, 2014, p. 183.
Dikko Ammar, Abdul Halim, Mahzaniar, and Halimatul Maryani – Implementation of Child Custody (Hadhanah) After Marriage Dissolution Due to Divorce (Juridical Analysis in Law Number 35 of 2014 concerning Child Protection and Compilation of Islamic Law), Electronic Research Journal of Social Sciences and Humanities, Vol. 3: Issue IV, Oct-Dec 2021, p. 35.
Republic of Indonesia – Law Number 1 of 1974 regarding Marriage, 1974.
Article 66 of the Algerian Family Code.
Hayat Maghari and Dalila Farkous – The Role of Jurisprudence in Protecting the Interests of the fostered Child – Algerian Journal of Legal and Political Sciences, Volume 58, Issue 04, 2021, p. 170.
Othman Al-Takrouri – Explaining the Personal Status Law at Dar Al-Fikr for Culture, Publishing and Distribution in Jordan, in 1990, p. 271.
Farida Prihatini, Abdul Karim Munthe, Delila Stefanya Pusparani, Ali Sumihar – The Problem of the Execution of Child Custody (Ḥadhanah) – Decision by the The Religious Courts in Indonesia– Journal of Syariah, Jil. 27, Bil. 2 (2019), p. 305.
Mohamed Haidara – Marriage of the foster mother in Islamic law and the Algerian Family Law – The Academia Journal of Social and Human Studies, Issue 20(June 2018), p. 196.
Law No. 09/08 of February 25, 2009, including the Code of Civil and Administrative Procedures – Official Gazette No. 21, issued on April 23, 2008, as amended and supplemented
These judicial decisions were referred to by Mohamed Haydara, ibid., p. 196.
Boubaker Khalaf – The interests of the fostered child – A comparative jurisprudence study – Journal of Human Sciences, Issue 44 at Mohamed Kheidar University in the city of Biskra in Algeria (2016), p. 521
A decision issued by the Supreme Court from the Personal Status Chamber, on 18-06-1991, File No. 75171. Unpublished.
Bousabeat Sawsan – Protection of the fostered child between the unfairness of the legislative texts and the jurisprudence of the family affairs judge – Journal of Human Sciences, Volume 31, Issue 04 – University of Mentouri Brothers in the city of Constantine in Algeria (2020), p. 246.
Ahmed Hiltali – Custody entitlement in the Algerian Legislation between Legal Text Arrangements and Granting Caveats – Journal of the Researcher for Legal and Political Studies, Issue 11 (September 2018), p. 376.
Decision issued by the Supreme Court from the Personal Status Chamber No. 337176, issued on 11/16/2005.
Bousabeat Sawsan – Previous reference, p. 247.
A decision issued by the Supreme Court from the Personal Status Chamber No. 237526, issued on 26/12/2001, and published in the Judicial Journal, Special Issue, 2001, p. 258
Decision issued by the Supreme Court from the Personal Status Chamber No. 1302053, issued on 03/07/2019, published in the Judicial Journal Issue 02, 2019, p. 83.
Fawzi, Ṣuwar – Al-Haḍānahba‘da al-ṭalāqfī Aceh al-Wusṭá – Indonesian Journal for Islamic Studies, volume 24, N 01(2017), p. 117.
Haidara Muhammad – Previous reference, p. 197.
Ibid., p. 197
Decision issued by the Supreme Court from the Personal Status Chamber No. 201336, issued on 21/07/1998.
Decision issued by the Supreme Court from the Personal Status Chamber No. 1067582, issued on 04/05/2017, and published in the Judicial Journal Issue 01, 2017, p. 153.