الحضانة في القانون الجزائري
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Date
2024
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جامعة المسيلة
Abstract
Custody is considered one of the important issues in the Algerian legislation,
as it has been the subject of great interest from the legislator and the judiciary due to
its impact on the best interest of the child in custody. The Algerian legislator seeks to
provide the necessary protection for the child in custody through the legal texts
regulating this subject.
In turn, the judge plays a prominent role in interpreting and applying these
texts in a way that achieves the best interest of the child in custody. The best interest
of the child is the fundamental criterion that guides the judge in deciding custody
rulings, which must be clearly justified in their decisions.
In addition, the custodian bears the responsibility of caring for the child in
custody and meeting all their needs, so that they grow up as a healthy and righteous
individual, through educating them, disciplining them, caring for their health, and
protecting their morals.
Therefore, the interest in the rights of the child in custody and achieving their best
interest requires the concerted efforts of the legislator, the judge, and the custodian
alike