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

Latest items for CUST-LAW-1

March 8, 2023, 1:43 p.m.
Countries: Montenegro
Variables: CUST-LAW-1

"The Family Law of Montenegro stipulates that the court may, following a decision in a non-litigation procedure, restrict the parental right of a parent who negligently performs their rights or duties towards the child. From the reasons established by the Law for which the parental right is limited, it is obvious that the children are not separated from the mother due to her disability" (23).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: CUST-LAW-1

"Section 4 (1), 4 (2), 4 (3), and 4 (4) of the Children Act, 1992, assign obligation of parents to take care of their children. Section 8 of the Act and Number 3 (4) of Chapter on Husband and Wife of the General Code provision to maintain contact of children with separated parents on dissolution of marriage. Likewise, number 3 of Chapter on Husband and Wife of General Code guarantees the first right of mother to provide guardianship to her child below 5 years of age after the dissolution of marriage." (37).
Feb. 6, 2023, 12:07 p.m.
Countries: Kyrgyzstan
Variables: CUST-LAW-1

"The Committee [on the Elimination of All Forms of Discrimination against Women]…recommends that the State party…[e]nsure that women and men have the same rights and responsibilities in marriage and family relations and upon their dissolution, including equal parental rights, irrespective of their marital status" (16).
Jan. 12, 2023, 8:01 p.m.
Countries: Nicaragua
Variables: CUST-LAW-1

"This was soon followed by, 'the Law Regulating Relations Between Mothers, Fathers and Children [1981]...which created equal rights over children for both parents; and the Law of Nurturing [1982] which obliged all men to contribute to their children’s upkeep and to do their share of household tasks' (Collinson et al, 1990)" (para 13) (NF - CODER COMMENT - This law implies that prior to its implementation, that there was no real law holding men responsible for their children nor was there equal custody. The inclusion of household tasks into this law indicates that there are/were very strict gender roles that further isolated women from the work and social sphere).more
Sept. 7, 2022, 10:35 p.m.
Countries: Armenia

"The Family Code stipulates that spouses have equal decision-making authority over children following divorce. In cases where no consensus can be reached, the court takes the decision. When a divorce is granted, the law provides that a couple’s assets are to be divided equally. In many cases, however, the law is not followed either because a registrar did not record the marriage or because the woman signed a prenuptial agreement nullifying certain provisions of the law" (3-4).
May 16, 2022, 8:09 p.m.
Countries: Suriname
Variables: CUST-LAW-1

"In the Draft Revised Civil Code, the principle of equality with regard to parental authority and custody of children is underlined, stating that expenses by parents will be divided proportionally, according to their respective incomes" (44).
March 25, 2022, 10:05 p.m.
Countries: Kosovo
Variables: WR-PRACTICE-2, CUST-LAW-1

"In rare instances 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" (24).
March 25, 2022, 8:54 p.m.
Countries: United Arab Emirates
Variables: CUST-LAW-1

"The strict interpretation of sharia does not apply to child custody cases, and courts have applied the 'the best interests of the child' standard since 2010. According to sharia a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women are permitted to file for continued custody until a daughter is married or a son finishes his education. Under federal law, fathers are permitted to seek custody of an under- 11-year-old son if they feel the child has become 'too soft'" (28).
March 19, 2022, 9:01 p.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"Roqia and her son spent a cold winter in a women’s shelter in Kabul. 'When I realised I couldn’t feed my child for days on end, I decided to hand him over to my husband’s family,' she says. In most divorces in Afghanistan, the custody of children over five is given to the father"(para 7).
March 9, 2022, 8:57 a.m.
Countries: Italy
Variables: CUST-LAW-1

"...Act No. 54/2006...has...flipped the relevant custody system, under which children were assigned either to one of the parents according to the discretion of the presiding judge or the court or by understandings reached by the spouses. With the reform, if the parents separate, children are assigned to both parents as a rule, and only as an exception to one of them – in the latter event only if it responds to the best interest of the child" (106).
Jan. 21, 2022, 9:22 p.m.
Countries: Mauritania
Variables: CUST-LAW-1

"Women have legal rights to property and child custody" (16).
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: CUST-LAW-1

"Custody is granted to the mother in Somalia. If the mother says I will keep the children, he must provide for them" (1).
Oct. 18, 2021, 6:06 p.m.
Countries: France
Variables: CUST-LAW-1

"The GREVIO report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions" (22).
Oct. 15, 2021, 9:09 a.m.
Countries: Qatar
Variables: CUST-LAW-1

"Researchers looked at 27 laws covering work, accommodation and status and found that women must get permission from male 'guardians' – fathers, brothers, uncles and husbands – to exercise many basic rights. They cannot be primary carers of their children, even if they are divorced or the children’s father has died. If the child has no male relative to act as guardian, the government takes on this role. The Qatari government said the accounts in the report are 'inaccurate' and do not truly represent the country’s 'constitution laws or policies'. In a statement they promised to investigate all the cases mentioned and prosecute anyone who has broken the law" (para...more
Sept. 22, 2021, 10:41 a.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"[T]he Committee is concerned that women and girls are discriminated against in legal provisions with regard to marriage and family relations, in particular the following...Articles 71 (1), 252, 256 and 268 of the Civil Code and article 45 of the Shia Personal Status Law, under which priority is given to the father with regard to the guardianship of children" (16-17).
Aug. 28, 2021, 11:07 a.m.
Countries: Estonia
Variables: CUST-LAW-1

"Parents who are married to each other have joint custody over their child. If the parents of a child are not married to each other at the time of birth of the child, they will have joint right of custody unless they have expressed their wish to leave the right of custody only to one of the parents upon submitting the declarations of intention concerning the acknowledgement of paternity. Parents are obliged to exercise joint right of custody with respect to their child and perform the custodial obligation on their own responsibility and unanimously considering all round well being of the child. In case the parents are not married, the...more
Aug. 3, 2021, 2:44 p.m.
Countries: France

"...One phenomenon that is very specific to France is the law that grants equal custody of children to both parents after divorce. The fact that the father is now expected to be equally involved in the everyday aspects of bringing up his children is huge progress” (para 24).
Aug. 3, 2021, 11:58 a.m.
Countries: Egypt
Variables: CUST-LAW-1

"The proposed law also reportedly stipulates that a single mother who has guardianship over her children from a previous marriage must receive written permission from her ex-husband if she wishes to travel.She must also seek similar authorisation from the children’s father with regards to any legal decisions concerning her children. The law does not stipulate similar restrictions on men"(para 20,21)."Currently, Egyptian law stipulates that if a woman remarries, custody of her children from a previous marriage is transferred to the children’s father or grandmother"(para 24).
July 3, 2021, 4:03 p.m.
Countries: Morocco
Variables: CUST-LAW-1

"After nearly five years of deliberation surrounding a case submitted to the Family Justice Department of Tangier in 2016, the Court of Cassation ruled that biological fathers are not responsible for children born outside of marriage and only the mother has a legally binding relationship with the child. The recent ruling by the Court of Cassation contradicts the 2017 ruling of the Tangier Court of First Instance concerning the same case" (para 2-3). "In a legitimate marriage, the family code declares the father to have a legal responsibility to raise a child. 'Children’s interests with respect to custody are also guaranteed by awarding custody to the mother, then to the...more
July 1, 2021, 9:12 p.m.
Countries: Canada
Variables: CUST-LAW-1

"Among other changes, the Act now sets out a specific list of factors that courts must consider when weighing the best interests of a child — including the impact of family violence" (para 2). "Courts must now also consider the presence of family violence in the context of making parenting and contact arrangements. For example, in these cases courts may consider if co-parenting is appropriate or if it could lead to further violence, the Department of Justice website notes" (para 7).
July 1, 2021, 2:54 p.m.
Countries: United States

"Seven states don’t have any laws preventing a rapist from claiming parental rights, but that’s not to say that these states are oblivious to the issue. Maryland, for one, has been working for years to pass a law that would allow a rape victim to terminate her attacker’s parental rights. Forty-three other states and the District of Columbia have legislation that offers at least some protection to prevent rape victims from facing their attackers over parental rights; eight of those laws were just adopted in 2016. But these legislative protections vary greatly. In 20 states and D.C., a rape conviction is required before a victim can request termination of parental...more
June 9, 2021, 8:43 p.m.
Countries: Poland
Variables: CUST-LAW-1

"In the reporting period, women and men enjoyed the same right to child’s custody which was not affected by the marital status of the woman. Pursuant to the Family and Guardianship Code, the court could award parental custody to both parents or to one of the parents while limiting the parental authority of the other to specific obligations and rights towards the child. The court also decided about parents’ contacts with the child and about the extent to which each of spouses was obliged to incur the costs of maintaining and raising the child. The amendment of Article 58 of the Family and Guardianship Code of 13 June 2009 allowed...more
May 15, 2021, 7:08 p.m.
Countries: China

"Judges routinely refuse first requests for divorce, obliging plaintiffs to come back after a cooling-off period of up to three months. The policy should exclude cases involving violence, but many judges are too scared to declare a husband an abuser. Some judges fear being assaulted themselves. Others worry about presiding over a case that leads to a family murder. Women reporting abuse pose no threat, so they are brushed aside. But men who threaten violence are sometimes bought off with property or even child custody, especially when a son is involved...Judges are quick to spot those who arrive in court desperate for a divorce or for custody of a child....more
April 30, 2021, 8:17 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"The draft law also gives fathers priority in child custody matters (currently mothers are given priority)" (para 2).
April 26, 2021, 11:49 a.m.
Countries: Italy
Variables: CUST-LAW-1

"...Act No. 54/2006...has...flipped the relevant custody system, under which children were assigned either to one of the parents according to the discretion of the presiding judge or the court or by understandings reached by the spouses. With the reform, if the parents separate, children are assigned to both parents as a rule, and only as an exception to one of them – in the latter event only if it responds to the best interest of the child" (106).
April 20, 2021, 5:05 p.m.
Countries: Egypt
Variables: CUST-LAW-1

"The president also called for changes to the personal status law in order to be balanced and to maintain the interests of both fathers and mothers on an equal footing. The president's initiative came amid much controversy over many of the draft law's articles which regulate marriage, divorce, alimony, and guardianship and custody issues" (para 10). "Al-Sisi said the law should help create a favourable climate for children who suffer because their parents are separated" (para 13).
March 4, 2021, 8:34 p.m.
Countries: United Kingdom
Variables: CUST-LAW-1

"In the UK surrogates are the legal mother of any child they carry, unless they sign a parental order transferring their rights to the intended parents when they give birth. The birth mother always has the right to keep her child, even if they are not genetically related" (para. 21-22).
Feb. 4, 2021, 10:24 p.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"Asked if she ever considered leaving her husband, she reacted with complete surprise. 'I thought of dying,' she said. 'But I never thought of divorce. If I had separated from my husband, I would have lost my children, and they would have had no rights. I am not one to quit'" (para 21-22). This implies that the wife would not have custody of the children after a divorce (JCE- CODER COMMENT).
Feb. 4, 2021, 6:07 p.m.
Countries: Syria

"In Syria, divorce is a frightening prospect for women. Although citizens have equal rights in civil law, family law and divorce falls within the realm of sharia. Men, but not women, can unilaterally divorce with only a verbal decree. If a woman divorces through court proceedings, she rarely gets alimony, and she loses custody of young children if she remarries" (para 33).
Jan. 31, 2021, 1:58 p.m.
Countries: Angola
Variables: CUST-LAW-1

“Children are recognized as equals in terms of their filiation, regardless of whether they are born in or out of wedlock” (pp. 25).