Loss of Custody and How to Recover It

A Comparative Analytical Study

Abstract

After the issue of custody of important topics, if not the most important topic in the life of the family, then the physical and educational structure of the most important element of this creation Allah in this universe, which is man, and marriage as well as procreation and offspring is one of the most important goals and objectives after the end of this contract, the issue pf the bar is one of the most important effects raising and caring for the children pf paramount importance, and determining who is more deserving of custody and more worthy of the father and mother is a matter of consideration, taking into account the interest of the children when determining the custodian. Custody means caring for the child and taking care until the child becomes a person capable of defending himself and his rights and being able to provide the requirements of life by himself.  We dealt with the concept of custody and the nature of the right of custody in Iraqi law, French civil law, and the laws of some Arab countries, as we talked about the pillars of custody and it’s conditions, to find out it’s truth more clearly and accurately, because the conditions of custody are what determine who id more entitled to custody of the child from between the father and mother, as well as the availability and non-availability of these conditions that control the cases of the fall of the custody, as well as the indication of how and the methods the help in the recovery of custody after its fall, and the distinction between recovery and transfer, we made some proposals that help determine the nature of the right of custody, and help in setting conditions for the custodian in order to take into account the rights pf the child, as well as we proposed the development of some procedural texts for the custody law suit, the course of its session, the issuance of the judgment and its effects.