الحق في الحضانة وحمايته الجزائية

Abstract

The thesis explores the legal and judicial mechanisms intended to protect the child in custody under Algerian Family Law, emphasizing that providing sound care and a proper upbringing is a fundamental obligation of the legislator to ensure the child’s rights upon the dissolution of the marital bond. The study highlights national efforts to establish a stable and secure environment for the child, in alignment with international declarations and the Convention on the Rights of the Child, by enacting legal provisions that shield them from all forms of abuse and violence. Furthermore, the memo underscores the legislator's deterrent role through criminal mechanisms in the Penal Code and the Code of Criminal Procedure to address any negligence or failure in implementing custody obligations, while introducing "criminal mediation" as a flexible legal tool aimed at preserving family ties and the child’s best interests simultaneously. The study concludes that the "best interest of the child" serves as the primary standard and the decisive factor in judicial discretion, placing the responsibility on the judge to interpret and apply the law in a manner that guarantees maximum protection for the child