Custody is one of the rights and duties of couple (after the marriage and birth child) while its duty aspect is more obvious in Iran law which almost includes child bodily maintenance but in England Law beside this, It contains some other matters. The Imamya scholars and the four religions of sona view point about that are different and each one of them has its own reason for proving it. And difference in nature leads to different results. Custody of child becomes legal and differential aspect between father, Mother and other relatives which there is a difference between parents and they live separately (divorcé occurred or not) or one of them or both was died. In any situation of above, Law and figha and foreign law have some preferences for child custody and preferred person for custody must have a certain conditions. Based on some conditions the custody from one person may be taken which in Iran law the most important factor for the custody removal is child convenience while in England law it is the welfare of child. Procedure to subjects of custody is so important that legal changes to achieve a relevant aims is changing relatively fast. The recent amendment of legislation on the subject of custody is the family law (19 febr 2013) which has made a lot of progress comparing the previous acts.
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