The most comprehensive compilation of information on the status of
women in the world.

Latest items for CUST-LAW-1

April 20, 2018, 3:05 p.m.
Countries: Fiji
Variables: CUST-LAW-1

"The Family Law Act 2003 establishes Family Divisions of the High Court and Magistrates Court with the jurisdiction over dissolution of marriage, child custody, spousal and child support, as well as jurisdiction to make orders relating the welfare of children. The Act recognizes that both parents have the same rights to apply for child custody and maintenance, as well as spousal maintenance. In deciding a case relating to a child’s welfare, the court is required under the Act to consider the child’s expressed wishes, taking into account the child’s maturity and level of understanding. A separate representative may be appointed on the Court’s initiative, or at the request of a ...more
April 20, 2018, 1:18 a.m.
Countries: Spain
Variables: CUST-LAW-1

"While noting that in its 2013 guidelines on proceedings relating to gender- based violence the General Council of the Judiciary rejected the validity of so-called “parental alienation syndrome”, the Committee is concerned that the concept continues to be used in a number of judicial decisions in the State party to withdraw child custody from the mother and to grant it to a father who is accused of domestic violence The Committee is concerned that existing and future legislative mechanisms will not adequately address the consideration that needs to be accorded to the existence of domestic violence in cases to determine child custody. The Committee is also concerned about attempts to ...more
April 10, 2018, 10:42 p.m.
Countries: United Arab Emirates
Variables: CUST-LAW-1

"The Committee is deeply concerned by the fact that a divorced woman loses custody of her daughters when they reach 13 years of age and of her sons when they reach 11 years of age, or before those ages if she remarries" (pg 11).
April 6, 2018, 10:56 a.m.
Countries: Kuwait
Variables: CUST-LAW-1

"A woman’s right to custody of her children is regulated by articles 189 to 199 of the code. Under article 189, the mother is granted custody, followed by her mother. If she is unable to take custody then the wife’s maternal aunt is granted custody, followed by the mother’s maternal aunt, the mother’s paternal aunt, the father’s grandmother, the father’s paternal aunt, the father’s maternal aunt and lastly a cousin, with the mother’s side taking precedence over the father’s side" (31).
April 3, 2018, 10:42 p.m.
Countries: Madagascar
Variables: CUST-LAW-1

"The Committee is concerned: (a) That there is no legislation specifically criminalizing violence against women, in particular child and/or forced marriage and marital rape, and that there is no comprehensive policy framework to address such violence; (b) That gender-based violence against women in the domestic sphere is not considered by courts in child custody or visitation decisions, thus forcing women to continue to face their abusers, and risking further exposing their children to violence; . . . The Committee calls upon the State party: (a) To adopt legislation to criminalize all acts of violence against women, specifically criminalizing domestic violence, including marital rape, child and/or forced marriage and all forms ...more
March 30, 2018, 5:08 p.m.
Countries: Liberia
Variables: CUST-LAW-1

"It is also concerned that, under the Domestic Relations Law, only the father has parental rights over and custody of the children after separation" (14).
March 14, 2018, 3:42 p.m.
Countries: Guinea
Variables: CUST-LAW-1

"It notes that, according to information given by the State party, the draft Civil Code is compatible with the Convention and will replace all existing discriminatory provisions, such as the provisions about the age of marriage being lower for girls than for boys and about men being the head of the family, thereby having many rights that women do not have, in particular with regard to the custody of minor children" (15).
March 13, 2018, 8:04 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

"Divorced mothers in Saudi Arabia have won the right to retain custody of their children in the kingdom's latest 'liberal' reform...The latest move has seen a relaxing of strict rules that heavily favour male guardianship in the event of divorce. In the past, Saudi women were forced to launch lengthy court battles to win custody after a marriage breakdown. But the Saudi Justice Ministry has now told courts that, provided there is no dispute between parents, a mother is only required to apply for custodianship. But while the move also allows mothers to keep their offsprings' passports, the court memo stops short of giving women the ability to leave the ...more
Feb. 27, 2018, 11:14 p.m.
Countries: Niger
Variables: CUST-LAW-1

"The courts keep the best interests of the child in mind in all decisions that affect them, and especially when awarding custody to one parent in cases of separation" (pg 8).
Feb. 23, 2018, 8:47 p.m.
Countries: Moldova
Variables: CUST-LAW-1

"The legal and regulatory frameworks provide for prevention and elimination of gender stereotypes in society. The Family Code provides for equal responsibility of parents for child education and caretaking both during marriage and in case of divorce. In case of divorce the court decides which of the parents the minor child will be living with after divorce. But the national judicial practice shows that, in most cases, the court gives preference to children living with their mother after divorce. As a result, most single-parent families are headed by women (89.1% in 2010)" (Pg 11).
Feb. 14, 2018, 11:45 a.m.
Countries: Palestine
Variables: CUST-LAW-1

" Guardianship over a person operates in the same was as guardianship for marriage. It reverts to the closest male relatives of the boy or girl, in accordance with the predominant practice in the Hanafi school" (68). "Personal status laws in force among Muslims grant a woman the right to custody of her children, provided she is capable and regardless whether the woman is married or divorced and or whether the children are male or female. The father’s guardianship over his children continues throughout the custody period" (70). "After the mother, custody reverts to the next woman in the line of succession provided for in the Hanafi school, that is ...more
Feb. 7, 2018, 10:37 a.m.
Countries: Sweden
Variables: CUST-LAW-1

"When parents have joint custody of a child, half of the child allowance is to be paid to each parent, if the parents have not reported who is to be the recipient. If the child resides alternately with both parents, half of the child allowance is paid to each parent, if the parent who wants the benefit to be shared shows that it is probable that there is alternate residence" (page 24). "In November 2013 the Riksdag adopted the Government’s proposal of an amendment to the payment rules for child allowance. When parents have joint custody of a child, half of the child allowance is to be paid to each ...more
Jan. 17, 2018, 4:41 p.m.
Countries: Israel
Variables: CUST-LAW-1

"The husband's refusal to divorce his wife results not only in the wife's inability to remarry but also in strict restrictions on her freedom to set up new family life. Should she have a sexual relationship with another man, she is considered a rebellious wife and may lose her rights to child custody and spousal maintenance although she remains married" (18).
Oct. 26, 2017, 11:20 a.m.
Countries: Russia
Variables: CUST-LAW-1

"Even when Russian courts pass decisions in favour of women, the local authorities, especially in Chechnya, openly sabotage their implementation. They have, for example, ignored court orders in favour of women in custody disputes, citing 'tradition'. In one case taken to the European Court for Human Rights, the Russian state itself cited 'tradition' as an obstacle to enforcing custody decisions. Some mothers have been unlawfully separated from their children for years"(para 9)
Sept. 21, 2017, 5:35 p.m.
Countries: United States
Variables: CUST-LAW-1

"That's how an 18-year-old Noemi felt when she learned that she had no choice but to hand over her baby daughter to the man convicted of assaulting her.Noemi's child was conceived in the assault, and Nebraska's laws on parental rights forced her to agree to court-sanctioned visits between her daughter and her attacker"(para 2-3)."Noemi's story isn't unusual. Across America, there are state laws that don't protect women who became pregnant through rape from being forced to share their children with their rapists"(para 6). According to the infographic, New Mexico, Wyoming, North Dakota, Minnesota, Mississippi, Alabama, and Maryland do not have state laws protecting rape victims from custody fights (ENB-Coder Comment)."Her ...more
Sept. 14, 2017, 12:28 p.m.
Countries: Israel
Variables: ATDW-LAW-1, ADCM-LAW-1, CUST-PRACTICE-1, CUST-LAW-1

"Among the most contentious of Jewish rites is the one that grants men disproportionate power in divorce. Women who are not granted divorces are often forced to relinquish their child custody rights or alimony payments to convince husbands to accede"(para 11)
Sept. 12, 2017, 10:04 a.m.
Countries: Iran
Variables: IIP-PRACTICE-1, IIP-LAW-1, ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, CUST-LAW-1

"Women in Iran are subject to pervasive discrimination both in law and practice, including in areas concerning marriage, divorce, child custody, freedom of movement, employment, and access to political office"(para 17)
Aug. 5, 2017, 9:23 a.m.
Countries: Iran
Variables: CUST-LAW-1

"Men also have the right of the custody of the children after divorce. Kar says men can use this right as a way of threatening their wives" (para 15-16)
Aug. 3, 2017, 5:55 p.m.
Countries: Afghanistan
Variables: LRCM-LAW-1, IIP-LAW-1, AOM-PRACTICE-1, ATDW-PRACTICE-1, CUST-LAW-1

"According to The Times (U.K.), which received a leaked copy of the law last Friday, the law requires women to grant sex to their husbands every fourth night unless they are ill, restricts a woman to the home unless her husband allows her to leave, legalizes child marriage by setting the marriageable age at first menstruation, and grants child custody rights to fathers and grandfathers before mothers" (para 3)
June 21, 2017, 12:01 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

"In a divorce, Saudi fathers retain all legal custody of children and all rights to the marital home. They’re granted full physical custody for girls at age 7 and often for boys at age 9" (p 7)
March 16, 2017, 11:51 a.m.
Countries: Guinea
Variables: ATDW-LAW-1, CUST-LAW-1

"Divorce laws generally favor men in awarding custody and dividing communal assets" (23).
Feb. 27, 2017, 5:43 p.m.
Countries: Ethiopia
Variables: CUST-LAW-1

"The law contains discriminatory regulations, such as the recognition of the husband as the legal head of the family and the sole guardian of children more than five years old" (29).
Dec. 29, 2016, 12:13 p.m.
Countries: Burkina Faso
Variables: CUST-LAW-1

"The law permits polygyny, but a woman must agree to it prior to marriage...Each spouse may petition for divorce, and the law provides that custody of a child may be granted to either parent, based on the child’s best interest. Mothers generally retained custody until their children reached age seven, at which time custody reverted to the father or his family" (20).
Dec. 9, 2016, 1:30 p.m.
Countries: South Korea
Variables: CUST-LAW-1

"The law permits a woman to head a household, recognizes a wife’s right to a portion of a couple’s property, and allows a woman to maintain contact with her children after a divorce. Custody cases were decided on their merits with women often gaining custody" (17).
Dec. 1, 2016, 8:07 p.m.
Countries: India
Variables: CUST-LAW-1

"Activists say the current law discriminates against women and are calling for a well-defined Muslim law that criminalises polygamy, unilateral divorce, child custody and child marriage" (Para 4).
Nov. 7, 2016, 1:31 p.m.
Countries: Bahrain
Variables: CUST-LAW-1

"In divorce cases, the courts routinely granted mothers custody of daughters younger than age nine and sons younger than age seven. Custody usually reverted to the father once girls and boys reached the ages of nine and seven, respectively. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child, until a child reaches the age of 21. A noncitizen woman automatically loses custody of her children if she divorces their citizen father 'without just cause'" (30).
Sept. 13, 2016, 5:32 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-1

“Some women are forced to accept the idea of misyar to have a male guardian in a society where most laws do not support her. In most cases custody laws will be in favor of men even if she is not married again. What will be the situation if she had married? Some adopts misyar secretly fearing she would lose her rights" (para 5).
Aug. 23, 2016, 8:08 a.m.
Countries: Serbia
Variables: ATDW-PRACTICE-2, CUST-LAW-1

"Although the Serbian Family Code makes men and women equals, societal values discriminate against women in many areas. Men and women are given equal authority as spouses and as parents, and either spouse may petition for divorce or for custody of the children" (1085)
Aug. 23, 2016, 7:43 a.m.
Countries: Slovenia
Variables: CUST-LAW-1, CUST-LAW-2

"The law demands special care and vigilance on the part of the court in protecting the interests of children. Parents must agree on a plan for their care, education, upbringing, and a visitation schedule for the noncustodial parent. The court—as the guardian of the child’s interests—decides on the appropriateness of such an agreement. The agreement must declare which parent will be the custodial parent (who is to be his or her legal guardian) and the obligations and rights of the noncustodial parent. The child, more-over, has the right to express his or her wishes in this matter. In Slovenia there are three possibilities: The child may be assigned to one ...more
Aug. 13, 2016, 7:58 p.m.
Countries: Algeria
Variables: ATDW-PRACTICE-1, CUST-LAW-1

“Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. Women were more likely to retain the family’s home if they had custody of the children” (31).