a question
A question was received from a reader who said:
As far as I know, educational guardianship is for the custodial mother. My question is: Can I enroll my children in schools of my choice without referring to their guardian and without a court ruling regarding this guardianship?
The answer
Legal advisor Dr. Youssef Al Sharif answers:
According to the amendment of Article 148 of the Personal Status Law, educational guardianship over the child in custody shall be, according to the principle, for the custodial mother and in a manner that achieves the interest of the child in custody, i.e. custody must first be proven for the mother in order for her to have educational guardianship. In the event of a dispute over what achieves the interest of the child in custody, the matter shall be referred to the judge of urgent matters by order on petition to decide what is in the interest of the child in custody while the guardianship remains with the custodial mother, unless the judge sees that it is in the interest of the child in custody to transfer guardianship from the mother to the father or other guardians in the event of the father’s absence for any reason, and this shall also be by order on petition.
You can send your inquiries to the email: [email protected]
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