Shakor, Seerwan Azeez and Abbas, Daban Salam Omar (2026) CHILD CUSTODY AFTER REACHING THE AGE OF DISCERNMENT. Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and Legal Innovations, 3 (7). ISSN 3031-7355

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Abstract

Objective: This study discusses the legislative texts, jurisprudential opinions, and judicial rulings regarding the law applicable to child custody after the age of discernment. It examines the concept of custody, the impact of the child reaching the age of discernment, and the approaches adopted by Arab legislation and Iraqi law in regulating custody while identifying the principles used by legislators and courts to determine the child’s best interests. Method: To clarify the legal aspects of the subject, this research employs an analytical and comparative approach. The analytical study examines national legislation, relevant international conventions, jurisprudential opinions, and judicial rulings, while the comparative study analyzes the legal frameworks of Egypt, Kuwait, Jordan, and Iraq to identify similarities and differences in the regulation of child custody after the age of discernment. Results: The study finds that custody primarily serves the child’s best interests and should not automatically end once the child reaches the age of discernment. Significant differences exist among Arab legislations regarding the duration and termination of custody, while the judiciary plays a central role in evaluating the child’s welfare in custody disputes. Iraqi legislation adopts the child’s best interests as the primary criterion and considers the stability of the child’s family environment an essential factor in custody decisions. Novelty: The study highlights the distinctive approach of Iraqi law, which regulates legal guardianship, custody, and parental obligations within a unified legal framework by applying the law of the father’s nationality under Article 19(4) of the Iraqi Civil Code. It also emphasizes that the Iraqi legislature deliberately refrains from specifying a fixed point in time for determining the father’s nationality, allowing judicial discretion according to the circumstances of each case.

Item Type:	Article
Uncontrolled Keywords:	Child custody, Personal status, Iraqi legislation, Arab legislations
Subjects:	H Social Sciences
Depositing User:	admin eprints
Date Deposited:	13 Jul 2026 06:48
Last Modified:	13 Jul 2026 06:48
URI:	http://eprints.umsida.ac.id/id/eprint/16757

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