Child Custody After the Age of Ten in Jordanian Law: Does It Automatically Transfer to the Father?
✍️ By: Attorney Motaz Al-Shuraida
Child Custody After the Age of Ten in Jordanian Law
Many people believe that once a child reaches the age of ten, custody is automatically transferred to the father. However, this understanding is not legally accurate. According to Article 170 of the Jordanian Personal Status Law, reaching the age of ten is not an automatic reason for transferring custody. The court must always consider the best interest of the children before issuing any custody decision.
The Principle of the Child’s Best Interest
The best interest of the child is the primary principle guiding the court’s decisions in custody disputes. The court does not automatically transfer custody to the father; rather, it must investigate the father’s (or any party’s) suitability to care for the children. It may rely on objections or appeals filed by the opposing party to determine which person is more capable of providing a stable and nurturing environment for the children.
Even if the maternal grandmother’s custody ends by operation of law, the court retains the authority to grant custody to whichever party it finds most fit and suitable, whether that be the mother, the father, or another relative — as long as it serves the child’s best interest.
The Court’s Duty to Review Objections
It is important to emphasize that the court must examine any objections raised against the father (or other parties) and cannot dismiss them automatically without a formal request from him. The court’s role is not limited to the mechanical application of the law but extends to ensuring justice and safeguarding the welfare of the children.
Conclusion
Reaching the age of ten does not automatically terminate the mother’s or grandmother’s custody. The court is required to carefully assess the circumstances of each case and issue a judgment that protects the child’s welfare. The Jordanian Personal Status Law places the best interest of the child above all other considerations, granting judges broad discretion to ensure family stability and safeguard the rights of minors.
