Determining the age of termination of custody from the perspective of the principle of the best interests of the child with an emphasis on courts practice

Backgrounds and Objectives: Article ۱ of the ۱۹۸۹ United Nations Convention on the Rights of the Child defines every individual under the age of ۱۸ as a child. Article ۳ of the same convention emphasizes the principle of the best interests of the child, stating that in all actions concerning children undertaken by various institutions, the interests of the child must be a primary consideration. The concept of a mature minor's capacity in non-financial matters and decision-making is inferred from Article ۱۲۱۰ of the Iranian Civil Code. Methods: This research was conducted with a descriptive and analytical approach through a library study of books, articles, and court decisions. Results: currently, Iranian courts issue divergent rulings regarding the custody of a jointly born child who has reached the age of puberty, and many courts do not consider such claims admissible. This discrepancy stems from the absence of a clear legal provision regarding the age of exit from custody. Conclusion: Given that one of the functions of the best interests principle is to guide interpretation and judicial decision-making, it appears that —based on Article ۳ of the Civil Procedure Code, which allows for the use of legal principles —and considering the specific psychological and emotional needs of a child who has reached puberty, maximum protection requires that custody be extended. Accordingly, the termination of custody should depend on the child's maturity, and in general, the court should remain involved in custody-related matters until the age of ۱۸. This approach ensures a protective stance that seeks to maximize the child's welfare.

کلیدواژه ها:

Child ، best interests ، custody ، courts practice