The Federal Supreme Court confirmed the right of a father to custody of his three children, after it was established that he had been convicted of a felony by drinking wine, that the children had passed away the custody of the women and that the mother had renounced their custody in a previous peace agreement.

The court affirmed in the appellate grounds of the appeal ruling, which had previously served the mother in custody, that the right of the first parent to take into account and if it appears that the interest of the child to stay with his father or any other, custody is given to him because the nursery is in the interests of the child, It is considered that the protection of the right of the child has been taken into consideration by the right of the custodian.

In details, a woman sued her divorced, claiming custody of her three children, expenses and appendices.

On the other hand, the divorcee submits a non-judicial response, in which he claims that he has no jurisdiction. He sues the defendant to prove his custody of the children and to drop the custody of the defendant on the grounds that they are divorced and that the defendant is unfit for the children and is not fit for custody after she was convicted by a penalty of improving sin and drinking wine The conclusion of her custody by virtue of the reconciliation and the passage of children the age of custody of women.

The Court of First Instance rejected the claim of non-jurisdiction and in the original case of establishing the custody of the children of the original claimant with the expenses and appendices, and dismissing the corresponding action to dismiss the custody of the respondent's mother.

The Court of Appeal amended the first provision on expenses and supported the judgment on the refusal of the father's corresponding case to drop the custody of the mother, and the children's father did not consent to this ruling.

The Federal Supreme Court upheld the father's appeal regarding custody, the incapacitability of his virginity, its validity, its continued neglect of children without care, and unfit for custody after it was convicted by a penal judgment of improving sin and drinking alcohol.

The court stated that it is decided in the provisions of the Islamic Sharia that custody is a manifestation of the attention of Islamic legislation in childhood, as the man in his childhood need to take care of and prepare for life, and custody is the custody of the child and nurturing and care, but must not contradict the right of the guardian in the state to self.

She explained that the authority to custody of women ends at the age of 11 years and the female 13 years, unless the court sees the extension of this age for the benefit of the child until the male or female marriage, and continue custody of women if the disabled or sick sick seat, unless the interests of the dispute that.

The court affirmed that the assessment of the interests of the child is considered to be a matter of fact, which is subject to the discretion of the court of the subject, without an observer in it when the judgment is based on sufficient grounds to bear and not wasted the evidence presented in the case.

The court ruled that the sentence of appeal and before it the preliminary ruling did not take all this into account, and the evidence of the mother's incompetence for custody, including the conviction of a penalty for drinking alcohol, The ruling did not estimate that the survival of the children, with the mother's incapacity for custody, proved to be contrary to their interests and safety, which would affect their normal course of life, especially since their age exceeded the custody of women by legal maturity and the transfer of custody by law and law to the father. In understanding the Qa and assess the evidence with deficiencies in Causation, what dragged him for violating the law and requires revocation.

Incubator

- If a man is required to have a fit of women to supervise the education of the child.

The right of custody of the child to the mother and then to the mahram shall be provided by the woman, in which the mother who gives the father is presented to the father, and the closest of both parties shall be considered (except for the father) in the following order.

- the mother.

- the father.

Mother 's mother.

- The mother of the father and the mother.

- The sisters provide sister and then sister to mother, then sister to father.

- Sister's sister's daughter.

The sister 's daughter.

- Strangers in the advanced order in the sisters.

The sister 's daughter.

Brothers in the advanced order in the sisters.

- Ames in the order mentioned.

- Mother's wares in the order mentioned.

- Father's Sheds in the order mentioned.

- Mother's aunt in the order mentioned.

- Father's aunt in the order mentioned.

Conditions of incubator

- Mind.

- puberty and be adults.

- honesty.

- Ability to raise, maintain and care for the child.

- Safety of serious infectious diseases.

- Not to be sentenced to a crime of the offer.