They emphasized that it is in the best interest of the children to be accompanied by their mother during the divorce proceedings

Specialists warn: family disputes threaten to deprive children of continuing their education

Psychologist: Parents should solve their problems in line with the interests of their children, even if their relationship has reached a dead end.

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Specialists emphasized that family disputes may prevent students from continuing their educational attainment on a regular basis, and warned parents against involving children in their disputes, and the need to resolve them away from their children's lives, which may cause them psychological pressures that negatively affect their educational attainment.

They also stressed that the children should be in the custody of the wife wherever she resides, as she is responsible for their education and care during the divorce proceedings.

They attributed the children's negative reaction to the reflection of family life and the fateful decisions taken by parents during the divorce period, and that its effects are evident in the children's reaction to their surroundings, especially if they were suddenly transferred from one school to another according to the wife's residence.

In detail, the lawyer and legal advisor, Ramzi Al-Agouz, stated that the husband is the natural guardian over his children, and that guardianship here relates to guardianship over the self, and that the father or other guardians of the child must look into the affairs of his children, discipline, guide and teach them even if they are in the hands of the incubator, which is The wife, and that if the custodian and the guardian disagree about something other than his service, it is up to the guardian to direct him to a certain trade or type of education, but the interest of the young child necessitates that he be accompanied by his mother.

He explained that the court appreciates the interest of the young child in divorce cases, as some courts adhere to the legal text by giving the father’s educational jurisdiction, whether before or after the divorce cases are decided, according to the text of Article 148, paragraph 1, and rejects the wife’s request to transfer the children to schools close to her residence, If she resides in a place other than the place where the husband resides and where the marital home is located.

He also clarified that custody before divorce is the same between the husband and wife, and it does not belong to either of them according to the text of Article 146, paragraph 7, which decided that both the mother and the father request the inclusion of children with him, if there is a dispute between them and the mother leaves the marital home, even if the marital status A list between them, and the judge decides on the request considering the interests of the children.

He said that some courts prefer the interests of the young child in the event that the wife files a divorce suit, and resides in one of the areas far from the husband, then she takes into account the interests of the young in this matter, and authorizes the incubator to transfer the children from schools far from her residence to schools close to the incubator’s residence, given the hardship he faces The child under custody, and therefore the court assesses what is appropriate in the interests of the child, and decides on it, meaning that the matter is left to the certainty and doctrine of the court that decides on the request or lawsuit, and its assessment is the interest of the child.

For his part, the psychologist, Hassan Issa, indicated that parents should solve their problems in a way that is in line with the interests of their children, even if their relationship reached a dead end that requires separation, they must end this marriage properly without affecting their children’s psychological health, or persuading them and preparing them for the decisions that they take. The spouses agreed on it, whether they would move to another residence and have to change their educational institution.

He stressed that sometimes, for children, separation is a positive and sound solution to the absence of problems and quarrels that were occurring between their parents all the time, which will enhance their educational levels, and they will get a better appreciation than what they had previously, and at other times the exact opposite happens, as soon as the separation takes place and moves on The son is in a worse environment than he was living in previously, here his educational level may begin to decline, and psychological disorders appear on him, as a result of his inability to face his reality.

For her part, the retired educational expert and Arabic language teacher, Aisha Muhammad Al Hammadi, said that the reflection of family life and the fateful decisions that parents make during the divorce period greatly affect the children and children more precisely, as the separation of a parent from the son is a critical stage for him. And its effects are evident in his behavior and reaction to his surroundings, which will double in the event the son suddenly moves as a result of marital problems from one school to another, given the mother’s residence in another emirate, or an area far from the one in which he grew up.

Al Hammadi stated that laws to preserve the right of the child in the state may prohibit parents from joining an educational institution, especially in the mandatory stages, and abandoning his guidance and direction, stressing that there are parents who may be busy winning their battles in the courts, in order to end the marriage, forgetting what it might cause. The result of a student’s delay in enrolling in school or moving to a new school or residence, resulting from a lack of feelings of security and emotional stability, and a lack of attention or focus on studying.

• Courts prefer the interests of the young child if the wife files a divorce case, and she resides in one of the areas far from the husband.

Mothers file cases to transfer their children to schools near their residence after separation

Finally, courts in the country considered several calls submitted by mothers, who demanded that their husbands be forced to transfer their children from schools where they were studying during their stay with their father, to schools close to their residence, because of their separation and the residence of each of the spouses in different places, or another emirate, Because of marital disputes and delayed divorce proceedings.

Lawyer Hanan Al-Bayed said that one of the cases in which she was entrusted was a wife who resides with her husband in one of the emirates of the country, and due to the marital problems, she decided to take her children and go to live in her mother's house in another emirate, and accordingly she transferred her children to schools near her, which raised The husband got angry and sent his children back to their first school, as being their guardian.

She explained that the wife submitted a petition to the Urgent Matters Judge, explaining her suffering with her husband and filing a divorce case, and asking for a decision to compel the husband to transfer her children to schools near her new residence, as she is an incubator for them in accordance with the law, and pointed out that the decision was refused, because it was not A decision is issued for the custody of the wife to her children, as a result of which the students do not go to school pending the final ruling on the divorce case before the court for final ruling.

She added: Since the children are in the custody of the wife wherever she resides, she is responsible for educating and caring for them during the divorce proceedings, without waiting for the divorce ruling or the issuance of a custody ruling, because the litigation procedures take time that may last for more than two months, which results in the children not going to school.

She indicated that in the event that there is a dispute between the spouses with the presence of children, the judge of urgent matters must issue a ruling that is in the interest of the child in the spirit of the law, and the matter is not suspended by a final ruling, and that a decision is issued to transfer the children where the wife resides, and that she is responsible during that period for Take care and study them, as the Personal Status Law stipulates that the child is in the best interest of the child in all cases and not harm him.

Anxiety and guilt

The educational expert and retired Arabic language teacher, Aisha Muhammad Al-Hammadi, confirmed that the feeling of anxiety and guilt may affect the child during the period of separation of the parents, and that the change of his academic environment, which will result in the change of teachers and classmates, may directly affect his academic level, as it will often be Ineffective in the classroom and with the teacher due to frustration, noting that the issue of moving to another school must be prepared for the child and persuaded of the reasons that called for it to facilitate his integration into the new school to which he moved.

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