Iran: Whether a mother, who, following a divorce, received a 24 hour visitation period every two weeks from a Court, has the right to object to the permanent removal of a child from Iran by the father who was granted guardianship by a Court Order
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 March 1999 |
| Citation / Document Symbol | IRN31423.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Iran: Whether a mother, who, following a divorce, received a 24 hour visitation period every two weeks from a Court, has the right to object to the permanent removal of a child from Iran by the father who was granted guardianship by a Court Order, 1 March 1999, IRN31423.E, available at: https://www.refworld.org/docid/3ae6acfc98.html [accessed 30 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to an Iranian sociologist, with regard to child custody, theoretically Iranian law does not specifically address this issue; however, the father has, in practice, the right to move the child out of the country permanently. Even though it might oppose such a drastic act, the Iranian government cannot forbid the father from taking such action because it is the father who has the legal parental authority. In this specific case, the father also has guardianship of the child provided to him by an Iranian court. The mother has no legal recourse against the father (12 Mar. 1999).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
Sociologist, Centre national de la recherche scientifique (CNRS), Paris, France. 12 March 1999. Telephone interview. The sociologist is also a chargée de conférences at the Sorbonne-Nouvelle Paris-III. The sociologist, who travels frequently to Iran for field research, spent the summer of 1998 in Iran, and has published on Iran in academic reviews such as the Revue Française de Sciences Politiques, the British Journal of Middle Eastern Studies, in which she wrote on the situation of women in Iran, and Les Cahiers de l'Orient.
