Iraq to mull shared child custody in personal status law amendment

Shafaq News/ The Iraqi Parliament is poised to debate a proposed amendment to the Personal Status Law, seeking to introduce shared child custody arrangements in divorce cases.

The 57th amendment, backed by Parliamentarian Mohammed al-Khafaji, aims to promote a balanced upbringing for children and strengthen family stability amid growing divorce rates.

Despite facing opposition, al-Khafaji affirmed his commitment to pursuing the amendment's approval, highlighting its potential to uphold justice and protect families.

The proposed amendment to the Personal Status Law No. 188 of 1959 is part of the agenda for the upcoming parliamentary session on Wednesday. 

What is Article 57?

Article 57 of the Personal Status Law of 1959 delineates custody rights concerning children in Iraq. 

The amendment modifies the custody arrangement and gives priority to the mother for child custody in divorce cases. However, the court has the authority to select the most suitable parent for custody based on specific criteria.

When making decisions, the judge takes into account several factors:

- When the child reaches 15, they have the right to choose which parent to live with—either the father or the mother. Medical assessments may also be requested to determine the child's best interests.

- If neither parent is deemed suitable for custody under Iraqi law, the court may award custody to a qualified guardian.

- In some cases, the court may place the child in state-run residential institutions for children.