الحضانة بين حق الحاضن ومصلحة المحضون في ضوءالاجتهاد القضائي الجزائري

Abstract

This dissertation examines custody between the custodian’s right and the best interests of the child in light of judicial jurisprudence. It analyzes the legal rules governing custody in Algerian legislation and the role of judicial decisions in their application. The study aims to highlight the impact of the child’s best interests on determining custody rights and the limits of both the custodian’s and the judge’s authority. The study concludes that Algerian legislation considers the best interests of the child as the fundamental basis of custody rules. Judicial jurisprudence has reinforced this principle by giving priority to the child’s welfare in custody disputes, even when this requires departing from the legal order of custodians or withdrawing custody from the legally entitled custodian.