Criminal Protection of Iran's Legal System for Visiting Relatives with Children

Document Type : Original Article

Authors

1 Ph.D Student in Private Law, Researcher, Department of Private Low, Judiciary Research Institute, Imam Sadiq University (AS), Tehran, Iran

2 Ph.D Student in Law, Imam Sadiq University (AS); Third Level Student in Qom Seminary, Tehran, Iran

Abstract

Children's relationship with their relatives is influential in their personality development. Sometimes the communication of some children with their relatives faces obstacles due to reasons such as parents' divorce. According to the Imami jurists, if, for example, the custody of a child is entrusted to his father due to divorce, his mother also has the right to meet with him/her in order to preserve kinship ties. This right is also recognized in Article 1174 of the Civil Code. However, sometimes the person in charge of custody, contrary to the law, prevents the child under custody from meeting with persons who have the right to visit. Thus, he violates the right of the child and persons with visitation rights. A criminal reaction is one of the reactions of Iran's legal system in dealing with this act. Using the descriptive-analytical method and collecting data from library sources, the present research was carried out with the aim of explaining the criminal reaction of the Iranian legal system to the crime of preventing a child from meeting with persons who have the right to visit him/her. The results indicate that preventing a child from visiting has been subject to punishment since 1353. For the person who forbids the child's visit to be criminally prosecuted, the elements of this crime must be proven, which we have discussed in detail in this paper.

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References

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Jurisprudential - legal studies of woman and family
Volume 6, Issue 11 - Serial Number 11
September 2023
Pages 79-97

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History

  • Receive Date: 07 April 2022
  • Revise Date: 23 July 2022
  • Accept Date: 03 August 2022

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