نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
This research conducts a comparative study of the institution of child custody (*ḥaḍānat*) within the legal systems of Iran and France. It aims to elucidate the jurisprudential and statutory foundations of this institution while identifying the challenges involved in safeguarding the "best interests of the child" following a divorce. The central research question concerns the determining criterion for awarding custody in the event of a dispute under both Iranian and French law, and the role that the child's best interests have played in transforming the traditional rules in these two jurisdictions. The study employs a descriptive-analytical methodology with a comparative approach, utilizing library-based research to examine the civil codes, judicial precedents, and legal scholarship of both countries. The findings indicate that Iranian law has shifted from rigid criteria based on age and gender toward a judicial assessment of the child's best interests; however, it still faces limitations regarding the adoption of joint custody. In contrast, French law has replaced the concept of a "right to custody" with "parental authority" (*autorité parentale*) and prioritizes joint custody, placing the child's psychological stability at the core of the arrangement. Influenced by the Convention on the Rights of the Child, both legal systems are gradually moving away from gender-based parental privileges. Furthermore, the results reveal an increasing convergence in the judicial approaches of both countries, with a shared emphasis on prioritizing the child's mental well-being.
کلیدواژهها English
