اخبار مصر – وطن نيوز
اخبار مصر اليوم – اخبار اليوم في مصر
W6nnews.com ==== وطن === تاريخ النشر – 2026-05-04 21:27:00
The new draft family law, which the government referred to the House of Representatives, stipulates a clear regulation of personal status matters, especially those related to children and custody, through a set of articles aimed at achieving the best interest of the child and controlling the relationship between the various parties. Definition of custody and arrangement of those entitled to it. Article (115) of the draft law defined custody as the preservation, upbringing, and care of a child during a specific period, and established the mother’s right to it first, then the father, followed by female relatives according to an order starting with the one closest to the mother, while granting the court the authority to change this arrangement if the interest of the child required it. In the event that there are no eligible women, custody is transferred to the male agnates according to the order of inheritance, then to the mahrams of the non-agnates men. If this is not possible, custody is assigned to a trusted person or a safe party. The text of the article is as follows: “Custody is preserving the child, raising him, ensuring his care, and taking care of his affairs in a specific, specific time. Custody is established for the mother, then for the father, then for female mahrams, prior to the one who represents the mother over the one who represents the father, and taking into account whoever is related from both sides in the following order: the mother, then the father, then the mother’s mother, if she is older, then the father’s mother, even if she is older, then full sisters, then mother sisters. In the aforementioned order, the sister is in the mother, so the cases are in the aforementioned order, in the aforementioned order, the sister is in the father, the brother is in the aforementioned order, then the paternal aunts are in the aforementioned order, then the mother’s aunts are in the aforementioned order, then the father’s aunts are in the aforementioned order, then the mother’s aunts are in the aforementioned order, then the father’s aunts are in the aforementioned order. The court has the right, in accordance with the interest of the child in custody, not to adhere to this order. If none of these are present or are not eligible for custody, the right to custody is transferred to the male relatives according to the order of entitlement to the inheritance, taking into account presenting the correct limit of inheritance. If there is none of these, the right to custody is transferred to the minor’s non-male relatives, in the following order: maternal grandfather, maternal brother, maternal uncle, paternal uncle, maternal uncle. If there is no one entitled to custody or no one accepts it, the court must place the child in custody with a trusted man or woman, or his child, in a safe place. In all cases, no one who is not among the child’s mahrams is entitled to custody, whether male or female Female. If the person entitled to custody of the child loses his right to custody or relinquishes it, this right will not return to him, even if its conditions are met, except based on the best interest of the child as determined by the court.” Conditions for entitlement to custody in the new Family Law Article (116) specifies the general conditions for the custodian, which include reason, maturity, honesty, the ability to raise and care for the child, safety from infectious diseases, and that there should be no hostility or dispute between him and the child. Special conditions for the custodian in the new family law. Article (117) of the draft law that the government referred to the House of Representatives added special conditions if the custodian is a woman, the most important of which is that the child must not differ in religion after he reaches seven years of age, and that she must not do anything that threatens the integrity of his religion before this age. The age at which custody ends. Article (118) stipulates that the right to custody ends when the boy or girl reaches the age of 15 years, which is the age at which the entitlement to custody pay also lapses. The right of the child to choose. Article (119) stipulates the right of the child, after reaching the age of 15, to choose to reside with whomever he wishes from his parents or those entitled to custody, with the possibility of amending this choice until the age of majority for the male or marriage for the female. Continuing custody in special cases Article (120) allows continued custody of women after the specified age if the child suffers from a mental or physical illness that prevents him from taking care of himself, taking into account his interests. Regulating the change of a child’s name Article (121) prohibits changing the name of a child who is the subject of a custody dispute without the consent of the parents. In the event of a dispute, the matter shall be presented to the judge of temporary matters in the Family Court. The effect of marriage on custody Article (122) stipulates that the custodian’s right to custody shall be forfeited upon marriage without a mahram for the child, with the exception of the mother if the child is under 7 years of age or suffers from an illness or disability, in accordance with the child’s best interests. The text of the article is as follows: The marriage of the custodial father or mother to a non-mahram for the child waives his right to custody unless the interest of the child in custody requires otherwise, and as an exception to the provision of the first paragraph of this article, and taking into account the best interest of the child, the marriage of the custodial mother does not waive her right to custody in the following two cases: A – If the child in custody does not exceed seven years of age B – If the child in custody has an illness or disability that makes his custody difficult for someone other than the mother. In all cases, the child’s stay with his mother despite her marriage results in the loss of her right to residence. She may receive custody prepared by the divorced person and she has a rent for a custodial residence. Loss of the right for non-claim. Article (123) stipulates the loss of the right to custody if it is not claimed within one year from the due date without excuse, unless the court deems otherwise. Marriage of non-parents Article (124) confirmed that the marriage of the custodian or custodian to non-parents does not forfeit custody unless it is proven that there is harm to the child. Controls on the transfer of the child Article (125) prohibited the transfer of the child To another governorate without prejudice to the right to see it, unless the court approves, taking into account the interest of the child. Official Documents Article (126) gives the custodian the right to keep the official documents for the child, with the possibility of obtaining them by a judicial decision when it is not possible to transfer alimony with custody. Article (127) stipulates that the obligation of alimony for the child is transferred to the new custodian in the event that a ruling is issued to transfer temporary custody and residence. Article (128) allows the temporary custodian to request permission to occupy the custodial residence during the period of temporary custody. Returning the residence to the original custodian after its expiration, and the text of the article is as follows: “If the court decides to transfer custody for a temporary period in accordance with the provisions of Articles (141) and (151) of this law, the temporary custodian may request the court to provide him with a custodial residence for the duration of that period, and the court shall rule that he be returned to the custodian after its expiry. Article (129) defines the marital residence as the residence prepared by the husband for joint residence, complete with facilities and devoid of housing.” The text of the article, according to the draft law, is the following: “The marital residence is the last residence that the husband prepared for his wife, whether personally or through someone else, to live in together during the marriage, complete with facilities, movables, and tools, free of the residence of others, and in a safe place in which she can be safe with herself and her property, whether they reside there or not. The administrative residence or the residence prepared by the wife is not considered the same as the marital residence, as the article obligates the father to maintain a custodial residence.” (130) The father must provide suitable housing for the children, and if he does not comply, the children will continue with the custodian in the marital residence, while regulating the various ownership cases and determining the housing rent. The text of the article is as follows: “The divorced person must provide his children from his divorced woman and their custodian with appropriate independent housing. If he does not do so during the period of custody, they will continue to occupy the marital residence without him. If the housing is owned by the custodian, they will continue to occupy it and she will be entitled to the rent of a custodial residence.” If the foster home is a joint property between the father of the custodians and the custodian, they continue to occupy it without him, and the custodian is entitled to a housing rent measured on the equivalent rent and equivalent to the value of her share in the property. If the house is rented, the father of the custodians is obligated to pay its rental value. If he refuses to pay, the court will charge him the rent for this house. The court gives the custodian the choice between independence in the marital home or estimating the rent for a suitable home for her and the custodians. If she chooses the rent, this is considered obligatory for the next custodians. The divorced person, during the period of custody, may prepare another home for custody other than the marital home, and invite the custodian to move to it. If she refuses, the matter shall be presented to the court to consider it, and the court must after verification. By any means it deems appropriate, ensuring that the home is suitable in location, preparation, and capacity, to present the matter of moving to it to the custodian. If she refuses, the court will oblige her to hand over the marital home to the divorced person, and will estimate the rent for her as a custodial home. If she accepts, the divorce will be obligated to pay the rent for the prepared home if it is rented. If the custodian has another home in which she has the legal right to reside, her right to independence in the marital home is forfeited and she may receive a rent for a custodial home.” Controls of residence in the custodial home Article (131) prohibits the residence of people with the custodian in the marital home without the consent of the father, except for necessity, and it also regulates the case of the non-mother custodian. The text of the article is as follows: “It is not permissible for the custodian to live in the marital home for anyone other than her children from her divorced woman to reside with her in it except with his express consent or “Inclusively, unless necessity requires otherwise, and if the custodian is not the mother of the children in custody and has a home in which she resides that is suitable for the children, she does not have independence in the custodial residence except with the father’s approval, otherwise the court will determine for her an appropriate housing wage.” Duration of claiming custodial housing Article (132) specifies a period of 6 months for claiming custodial housing from the date of divorce, and after the end of custody the divorced person has the right to return to the residence. Waiver of the housing obligation Article (133) stipulates that the father’s obligation to provide housing is forfeited if the child has money or independent housing sufficient for him. Custody wages Breastfeeding Article (134) confirms the entitlement of the “divorced” custodian to a nursery wage, and a breastfeeding wage for a period not exceeding two years, provided that this is from the child’s money, if any, or from the person who is obligated to support it. The divorced woman with custody is entitled to a custody wage from the date she is no longer entitled to the maintenance, and others are entitled to it from the time of the start of custody, until the child reaches the maximum level of custody, and the wage is not forfeited except by payment or release confirmed in writing. Read also: Reversing the engagement and recovering the dowry.. New articles in the new draft family law. The new family law allows the wife to annul the contract within 6 months. In this case, the representatives refer the draft family law to the relevant committees… and a new organization for custody, guardianship, and divorce.
