عنوان مقاله [English]
Child Custody is a parent's right and duty, but the best interests of the child is a basic consideration in all decision specially in emergency conditions. In the situations such as Covid-19 pandemic, which endangers the child's physical health, courts are required to consider the child’s interest in making decision in some extent, does not threaten and endanger the child's physical integrity, health and wellbeing.
This approach is in accordance with Quranic verses such as Al-Baqarah/173, Al-Maaida/3, Al-An’aam/119 and Al-Hajj/78 and the Hadith (Rafa’) quoted from Prophet Muhammad (PBUH), and some rules such as Compulsion (ezterar), prohibition of determent (La zarar), denial of distress and hardship (osr -o- haraj), and it is based on statute law and common sence, too.
In the Civil Code (article 1173), Family Protection Law (1391) (atticles 41, 45 and 54), the executive regulations of this law (article 23) and as it understood of some critrians in articles 17, 33, 36 and 42, the custody right and consequently the visitation of each parent may be cancelled in emergency condition. However, such limitations will be applied in a graduated manner and based on the neccesity, and by eliminating the risks of the disease, the condition will be restored to its former state.
Keywords: Emergency conditon, prohibition of determent (la zarar), custody, visitation, child, Covid-19.