legal questions, custody rights

MellieC

Well-Known Member
hi maraar,

I am sorry for your loss.

as far as I know, your Father in Law has no claim on the children in respect of permission, but you would need to show your husbands death certificate.

have you asked at the US Embassy in Tunis?

the law requires the fathers permission, but he cannot give it, so i would like to think that it would not affect you.

their maybe some "unwritten law" but i doubt they will get far with that.

check with the US embassy before you make any solid plans.

don't antagonise your FiL ~ just in case! as he might "assume" the role as it was his son?
 

huttan

Well-Known Member
Hm heard something like this before...something about that if husband dies that you need to get the permission from the closest male family member on the husbands side...true or not??...even heard that even if the grandfather would be dead also the next step in the lead could even be an uncle or cousin??? Interrested in how it works will follow this thread...
 

MellieC

Well-Known Member
i have heard of it, just not sure if its a written or unwritten law, nothing in tune law that i can see, but there is not specific spection dealing with it!
 
S

Spart

Guest
hi anyone studying law in tunasia
 

ROULLA

Registered User
Hi everyone hope that you are all well! I was just reading this with my husband and thought that I would place it on here incase anyone wanted to read it, hope that I have placed it in the correct thread.:)

NOTE: The information contained in this flyer is intended as an introduction to the basic elements of children’s issues in Tunisia. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Tunisia and the United States dealing with international parental child abduction. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Tunisia, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

Dual Nationality
When one of the parents is Tunisian, a child is considered Tunisian regardless of the child’s place of birth or whether the child had acquired the nationality of another country.
Residency
Tunisian courts expect that parents seeking child custody have established residency in Tunisia.
Enforcement of Foreign Custody Orders
The parent can request that a foreign child custody order be recognized in Tunisia, but enforcement will result only if the custody order conforms with Tunisian child custody law. Therefore, as a practical matter, foreign child custody orders are not generally recognized in Tunisia, and the parent must seek legal representation in Tunisia and file for custody in Tunisia.

Custody Disputes
When a child custody dispute arises between parents, one of whom is a Tunisian, the courts determine which parent is awarded legal custody of a child. Child custody laws in Tunisia are codified in the Child Code Law 67 of the Code du Statut Personnel Tunisian. Tunisian judges take into consideration the welfare and protection of the child and the eligibility of the parent seeking custody. (The parent must be over 21 years old, sound of mind, able to support and care for the child, and free from contagious diseases.)

Right of Custody and Visitation
The court will conduct an investigation to determine which parent will benefit the child the most. The court will base its custody decision on its assessment of what is in the best interests of the child. The law does not specify religious or nationality conditions for the mother. Even when Tunisian courts award legal custody to the mother, the father retains certain rights. The father may control the child’s welfare, enroll the child in school and provide for the child’s education. Tunisian courts do grant visitation rights to the non-custodial parent.

Travel Restrictions on Minor Children
Special authorization from the court must be obtained before the child can stay overnight outside the custodial parent’s home. If the custodial parent moves and the move interferes with the other parent’s rights and duties, the custodial parent can lose legal custody of the child. Imprisonment can result if the non-custodial parent takes the child without the consent of the custodial parent. Unless the child is at risk, the mother, as custodial parent, must give her permission before the father can take the child from her residence. A minor child, under the age of 20 years cannot be taken outside Tunisia without the father’s permission or the court’s authorization, when the mother has been awarded custody.
 

Trulymadlydeeply

Well-Known Member
So it is 20 years old then :( I read somewhere else it was 18 :( :( :(

Part where it states, "if the custodial parent moves and it interferes with the other parents rights and duties, the custodial parent can lose legal custody of the child" surely then if a Tunisian man keeps the child in Tunisia as the custodial parent, he is interfering with the non custodial parent ie, mothers rights??? Is this a loop hole for us?
 
Top