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

Latest items for CUST-LAW-1

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
Variables: CUST-LAW-1, CBMC-PRACTICE-1

"...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
Variables: LRW-PRACTICE-3, CUST-LAW-1

"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
Variables: ATDW-LAW-1, ADCM-PRACTICE-1, CUST-LAW-1, ADDL-DATA-1

"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
Variables: MARR-LAW-5, ATDW-PRACTICE-2, ATDW-LAW-5, ADCM-LAW-1, CUST-LAW-1

"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).
Jan. 1, 2021, 2:12 p.m.
Countries: Iran
Variables: RCDW-LAW-1, CUST-LAW-1

“To many critics, the erasure of the three little girls from the textbook highlighted more than four decades of state-imposed discrimination against women, including discriminatory laws that give women less rights in areas such as child custody and divorce and force them to cover their hair and body in public” (para. 11).
Dec. 24, 2020, 10:09 a.m.
Countries: Syria
Variables: ATDW-PRACTICE-2, ATDW-LAW-1, ADCM-PRACTICE-1, CUST-LAW-1

"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).
Dec. 20, 2020, 6:53 p.m.
Countries: Bahrain
Variables: CUST-LAW-1

"Custody orders ad judgements of foreign courts are not enforceable in Bahrain if they contradict or violate local laws and practices. In Bahrain, Shia and Sunni women have different legal rights in relation to child custody, however, both groups of women are denied legal custody of their children. Women are usually only granted physical custody of their children in Bahrain, even if the father is absent. Sunni women are granted custody of their children up until males are 15 years old, and females are 17 years old, or until they marry (whichever is sooner). Shia women are granted physical custody of male children until they are aged 7, and female...more
Aug. 12, 2020, 3:12 p.m.
Countries: Mauritania
Variables: CUST-LAW-1

"Mauritania's laws on...child custody...discriminate against women" (para 24).
Aug. 10, 2020, 7:03 p.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"Both Sunni and Shia fathers have priority right over the guardianship of their children. For Sunnis, the Civil Code is silent on the person with the priority right over the guardianship of the children in a marriage. Nevertheless, it is implied in the Civil Code that the priority right over the guardianship of the children belongs to father through various provisions as follows: (i) Under Article 71(1) of the Civil Code, the father may conclude the marriage of girls between 15 and 16 years of age; (ii) Under Article 252, as long as the mother is married, she cannot take the child on a journey without the permission of the...more
Aug. 10, 2020, 3:10 p.m.
Countries: United States
Variables: CUST-LAW-1

“Unless you count the fact that rapists can sue for custody of children born of rape in more than 30 states” (para 7).
Aug. 7, 2020, 4:32 p.m.
Countries: Jordan
Variables: CUST-LAW-1

"Jordan's personal status code remains discriminatory, despite a 2010 amendment that widened women's access to…child custody" (para 17).
May 31, 2020, 4:27 p.m.
Countries: North Korea
Variables: CUST-LAW-1

"In accordance with the Criminal Procedure Law execution of penalty for pregnant women is suspended for three months before delivery and seven months after delivery. In accordance with the Civil Procedures Law, a divorce case is dismissed if it is raised against a pregnant woman or a woman with a child under one year of age. The court, when hearing a divorce case, is obliged to settle matters relating to child maintenance and division of family property. Hearing of claims concerning child maintenance and cases raised by a woman with a child under one year of age or several children are administered by the court that has jurisdiction over the...more
April 22, 2020, 5:16 p.m.
Countries: Lebanon
Variables: CUST-LAW-1

"Shia, Sunni, and Druze religious laws generally maintain that, in the event of divorce, the child’s age, not their best interests, should determine with whom they reside. In a recent development, Sunni judges can, at their discretion, consider the best interest of the child in determining custody. Similarly, Christian personal status laws also use a child’s age as a principle factor in determining custody but also allow judges, at their discretion, to make custody determinations based on the best interest of the child" (17). "Across religious laws with the exception of the Armenian-Orthodox personal status law, the right of guardianship both during marriage and after is granted to the father...more
April 4, 2020, 8:45 a.m.
Countries: Rwanda
Variables: CUST-LAW-1

"Law No. 54/2011 of 14 December 2011 relating to the rights and the protection of the child, which provides for the same responsibilities for child protection by both parents;" (2).
Feb. 22, 2020, 9:29 p.m.
Countries: Brunei
Variables: CUST-LAW-1, IAW-LAW-1, IAD-LAW-1

"In accordance with the government’s interpretation of the Koran’s precepts, Muslim women and men are accorded different rights. Islamic family law considers women the 'most entitled person' to custody of children in the case of divorce, and requires that men receive twice the inheritance of women" (15)
Feb. 14, 2020, 12:34 p.m.
Countries: Lebanon
Variables: CUST-LAW-1

"Religious law on child custody matters favors the father in most instances" (29).
Jan. 30, 2020, 10:11 p.m.
Countries: Indonesia
Variables: CUST-LAW-1, IAW-PRACTICE-1, POLY-LAW-1

"In Bali, women are often tricked into polygamous marriages, he said, with their husbands-to-be lying to them about being unmarried until they’re brought home to find several other wives already living there. Yet women often stay in these marriages because they would lose everything if they divorced. According to Balinese customary law, a husband retains possession of all inheritance, property and, most devastatingly, children" (para 10)
Dec. 14, 2019, 6:47 p.m.
Countries: Guatemala
Variables: CUST-LAW-1

"And far from being kept from the family he tore apart, under Guatemalan law Gehovany has the right to visit his son upon release, according to legal officials in Guatemala" (para 8).
Aug. 9, 2019, 1 p.m.
Countries: D R Congo
Variables: WR-PRACTICE-2, CUST-LAW-1, IAW-LAW-1, IAD-LAW-1

"According to UNICEF, many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided that they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance" (page 41).