The most comprehensive compilation of information on the status of
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Latest items for CUST-LAW-1

April 16, 2019, 7:47 p.m.
Countries: Bhutan
Variables: CUST-LAW-1

"The Committee recalls its previous concluding observations (CEDAW/C/BTN/CO/7, paras. 33 and 34) and notes that the State party’s legislation still provides that custody of children under 9 years of age is automatically granted to the mother unless the courts decide otherwise, which reinforces gender stereotypes" (11).
April 9, 2019, 3:47 p.m.
Countries: Canada
Variables: CUST-PRACTICE-1, CUST-LAW-1

"The Committee is concerned about the lack of harmonization of legislation at the federal and provincial or territorial levels with regard to child-custody determination, given that the federal Divorce Act (1985) still includes the highly problematic 'maximum contact' provision and makes no mention of domestic violence. The Committee is also concerned about evidence of reduced or even cessation of child support orders that can result from shared custody orders or agreements, which in practice are not always followed and do not necessarily reflect the reality of time and cost allocation between parents" (18).
April 9, 2019, 12:57 p.m.
Countries: Iran
Variables: CUST-LAW-1

"The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age of seven, the father is granted custody unless he is proven unfit to care for the child" (35).
March 29, 2019, 4:03 p.m.
Countries: China
Variables: CUST-LAW-1

"In determining child custody in divorce cases, judges made determinations based on the following guidelines: Children under age two should live with their mothers, custody of children two to nine years of age should be determined by who could provide the most stable living arrangement, and children 10 and over should be consulted when determining custody" (page 57-58).
March 25, 2019, 2:20 p.m.
Countries: Liberia
Variables: CUST-LAW-1

"Under family law, men retain legal custody of children in divorce cases" (24).
March 21, 2019, 11:12 p.m.
Countries: Syria
Variables: CUST-LAW-1

"In addition, under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach the age of 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family" (para 197).
March 11, 2019, 11:13 a.m.
Countries: Kazakhstan
Variables: CUST-LAW-1

"When a marriage is dissolved in court, the spouses may submit for consideration an agreement regarding which of them will have custody of their minor children, the arrangements for the payment of child support and (or) support for a spouse who is unable to work, the amount of such support, and the division of jointly owned property" (42). "According to article 73 of the [Marriage and Family Act], when the parents live apart, the children’s place of residence is determined by agreement between the parents. In the absence of such agreement, disputes between the parents must be resolved through mediation or by a court, with the participation of the child...more
March 7, 2019, 11:23 a.m.
Countries: Mauritania
Variables: ADCM-LAW-1, CUST-PRACTICE-1, CUST-LAW-1, CUST-LAW-2

"Women have legal rights to property and child custody, and the more educated and urbanized members of the population recognized these rights. Nevertheless, women had fewer legal rights than men. Divorced women, for example, could lose child custody if they remarried" (page 19).
March 1, 2019, 11:52 p.m.
Countries: Qatar
Variables: CUST-LAW-1

"The courts may also allow the child to choose one of the two parties to the dispute, after it has determined their suitability. In view of the needs of children with special needs, they may remain under the guardianship of women longer" (54). "The National Human Rights Commission has documented several cases in which Qatari women had been forced to leave the territories of those three countries without their children who bear the nationalities of those countries. In addition, some women who are citizens of those three countries and have Qatari husbands have been told to leave the State of Qatar, being forced to leave behind their Qatari children and...more
Feb. 25, 2019, 7 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

There are laws to allow custodianship to women, however "custodianship still goes to the father by default" (para. 15).
Feb. 8, 2019, 4:42 p.m.
Countries: Mali
Variables: CUST-LAW-1

"Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost" (page 21).
Jan. 28, 2019, 7:32 p.m.
Countries: Honduras
Variables: CUST-PRACTICE-1, CUST-LAW-1

"The Committee is also concerned about the absence of implementing regulations for the Responsible Parenthood Act" (16).
Nov. 16, 2018, 9:46 a.m.
Countries: Burma/Myanmar
Variables: ADCM-PRACTICE-1, CUST-LAW-1, CUST-LAW-3

"Palaung: By Palaung customary law, when a women and a man get divorced, women do not have the right to an inheritance, even if she needs to raise children by herself. If they have a son, only the father has a right to the custody of the son. In some cases, the father gets the custody of both son and daughter. Source: Palaung Women’s Organisation (PWO). Kuki: By Kuki customary law, when a woman and a man get divorced, women do not have the right to any inheritance. In the case of divorce, women are not allowed to sit in the meeting to resolve the case, and are not entitled...more
Nov. 12, 2018, 8:37 p.m.
Countries: Kosovo
Variables: CUST-LAW-1

"In rare cases Kosovo-Albanian widows, particularly in rural areas, risked losing custody of their children due to a custom requiring children and property to pass to the deceased father’s family while the widow returned to her birth family" (para 121)
Nov. 3, 2018, 10:36 a.m.
Countries: Israel
Variables: ATDW-LAW-1, CUST-LAW-1

"A civil family court or a religious court settles child custody, alimony, and property matters after the divorce, which gives preference to the father unless it can be demonstrated that a child especially “needs” the mother" (para 154)
Oct. 26, 2018, 8:42 a.m.
Countries: Senegal
Variables: CLCW-PRACTICE-1, CUST-LAW-1

"The family code’s definition of paternal rights also remained an obstacle to equality between men and women. The code considers men to be heads of household, preventing women from taking legal responsibility for their children. In addition, any childhood benefits are paid to the father. Women can become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household" (page 16).
Oct. 22, 2018, 9:31 p.m.
Countries: Iran
Variables: CUST-LAW-1

"The law provides divorced women preference in custody for children up to age seven. After the child reaches age seven, the father is entitled to custody unless he is proven unfit to care for the child. Divorced women who remarry automatically lose custody of their children from previous marriages. Courts determine custody in disputed cases" (para 158)
Oct. 17, 2018, 1:08 p.m.
Countries: Palestine
Variables: CUST-LAW-1

"However, the two laws that apply to Muslims, the Jordanian Personal Status Law No. (16) of 1976 enforced in the West Bank, and the Egyptian Family Rights Law No. (303) of 1954 enforced in Gaza, do not make the best interests of the child the primary concern when determining which parent the child should live with and which guardianship rights each parent should have. Under these laws, fathers retain guardianship rights even when the child is officially living with the mother, and the child can be automatically removed if the mother remarries, but not the father. As guardians, fathers can withdraw money from a child’s bank account opened by the...more
Oct. 12, 2018, 2:17 p.m.
Countries: Palestine
Variables: CUST-LAW-1

"The new amendments allow Palestinian women to... change schools for their children without permission from the father/legal guardian" (para 6).
Oct. 8, 2018, 3:27 p.m.
Countries: Saudi Arabia
Variables: CUST-PRACTICE-1, CUST-LAW-1

"Since the crown prince took power last year, judges who once would have automatically given fathers custody of children in divorce cases have started allowing some mothers custody instead" (para 17).
Oct. 5, 2018, 5:56 p.m.
Countries: Ukraine
Variables: CUST-LAW-1

"The Committee is also concerned that judges often resort to mediation even in situations of domestic violence. The Committee is further concerned that gender-based violence against women in the domestic sphere is not taken into consideration by courts when ruling in cases of child custody and visitation rights" (Pg 16).
Oct. 3, 2018, 1:03 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"By law, Egyptian women are entitled to custody of their children until they turn 15. Under a proposed bill currently under review in parliament, a divorced mother would lose custody of her children to her ex-husband in the event of her remarrying if the ex-husband can provide a female caretaker. Under the current laws, custody of the children goes to the maternal grandmother if the woman remarries. Critics have slammed the proposed amendment as discriminatory. Read more: http://www.al-monitor.com/pulse/originals/2018/03/egypts-single-mothers-fight-back.html#ixzz5MDuVZyLC
Sept. 21, 2018, 5:23 p.m.
Countries: Oman
Variables: CUST-LAW-1

"The Personal Status Law, articles 125-137, provides for the right of custody of children. The legislation focuses entirely on the interest of the child without regard for the desire of either of the parents to have or not have custody. Nonetheless, priority is given to the mother regarding custody unless determined otherwise" (Pg 39). "Article 16 (a) of the Implementing Regulations for Family Care and Custody issued by Ministerial Decree No. 49/2007 permits a woman to take custody of a child in order to care for it" (Pg 40).
Sept. 5, 2018, 10:07 a.m.
Countries: Japan
Variables: CUST-LAW-1

"Another provision of law, that a child born within 300 days of a divorce is presumed to be the divorced father’s child, resulted in the nonregistration of an unknown number of children" (16).
Sept. 5, 2018, 10:06 a.m.
Countries: Japan
Variables: CUST-LAW-1

"Another provision of law, that a child born within 300 days of a divorce is presumed to be the divorced father’s child, resulted in the nonregistration of an unknown number of children" (16).
Sept. 5, 2018, 9:59 a.m.
Countries: Tanzania
Variables: CUST-LAW-1

"The law on the mainland generally assumes it is in the best interest of a child under seven to be with his or her mother in the case of parental separation or divorce" (24).
Sept. 4, 2018, 10:18 a.m.
Countries: Kuwait
Variables: ATDW-LAW-1, CUST-LAW-1

"In the event of a divorce, the law grants the father custody of children of non-Muslim women who fail to convert" (25).
Aug. 29, 2018, 2:33 p.m.
Countries: Egypt
Variables: WR-LAW-1, CUST-LAW-1

"For years, divorced women called for amending the personal status laws, especially articles related to custody, to allow them to keep custody of their children after their second marriage" (Para 1). "we find that women are afraid to experience a second marriage becuase the law recognizes the automatic transfer of custody to the next in line of the custody arrangment. Such a law makes the desire of women to experience a remarrying a risk that may lead her to lose the custody of children or circumvent the reality by accepting customary, non-documented marriage so as not to lose the custody, or resort to other ways in which to live that...more
Aug. 20, 2018, 11:08 a.m.
Countries: Philippines
Variables: CUST-LAW-1

"The Committee is concerned, however, that inequality in marriage and family relations continues to exist under the law and notes with particular concern: (a) The delay in the adoption of a bill to repeal the provision of the Family Code that grants a husband’s decision supremacy over that of his wife with regard to community property, the exercise of parental authority and guardianship over a child" (page 14-15).
Aug. 15, 2018, 9:40 a.m.
Countries: Montenegro
Variables: CUST-LAW-1

"Children without parental care and children whose development has been hindered due to family circumstances, are provided with the accommodation in Children’s Home “Mladost” in Bijela or other family. Children without parental care who attend school are provided with free textbooks. Children with special needs have the right of placement in an institution of social and child protection or accommodation in another family, care and support, personal disability allowance, and the right to child allowance" (page 32).