The Federal Supreme Court discusses its orientations, and it confirms the preference of the child’s interest
The Federal Supreme Court participated in a forum organized by the women consult group of the United Nations Secretary General Representative in Iraq. The forum discussed the custody of children rules.
The spokesman of the Court, Ayass Al-Samouk said during the forum “the Federal Supreme Court exercising its jurisdiction in trying the unconstitutionality of the cases initiated before it”.
He added “the Court tried in the past years a number of cases which challenged the unconstitutionality of the civil status law No. (188) for 1959, either in all the law or some articles of it”.
He pointed “some of these challenges were related to the provisions of the children’s custody listed in the article (57/1st) of the civil status law. The Court had issued a judgments in this concern, the last one had the number (12/federal/2019) on 5.3.2019”.
Moreover “the Court took into consideration when tried these challenges the principles of dealing with the custody by putting the cuddled interest in priority, in regardless of the litigants’ interests”.
Al-Samouk clarified “the interest of the cuddled according to the judgments of the Federal Supreme Court are determined by the Courts which tries the custody cases. These Courts are the civil status Courts which relies on the reports issued by the social research and the psychiatry committees”.
He emphasized “the judgments of the Federal Supreme Court are decisive and obligatory for all powers according to the article (94) of the Constitution”.
“On their part, the participants put a number of recommendations, on the top is obliging to the judgments of the Federal Supreme Court in the custody issue”.
