NCW Proposes Amendments to Personal Status Law
اضيف الخبر في يوم الجمعة ١٥ - أغسطس - ٢٠٠٨ ١٢:٠٠ صباحاً. نقلا عن: Almasry Alyoum
NCW Proposes Amendments to Personal Status Law
Secretary General of the National Council for Women (NCW) Farkhonda Hassan submitted a draft law to the Minister of Justice amending the Personal Status Law no. 1 of 2000 regarding litigation procedures in personal status cases and Law no. 10 of 2004 relating to family courts.
Hassan called on the Ministry of Justice to amend procedures adopted by Nasser Social Bank as regards alimony and reconciliation rulings issued in favor of the wife, divorced woman or children.
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According to the proposed draft law, the parents and grandparents have the right to see the children. If they could not do so, the court will issue a ruling, allowing them to host the children for a certain period defined by the court, such as holidays and feasts.
In case they failed to observe the period defined by the court, they will be obliged to hand the children to the persons awarded the custody of them. If they did not do so, the court will sentence them to at least one year in prison.
The draft law said the president of the family court is the only body competent to settle disputes over the children's education.
The replacement of item no. 1 in paragraph 4 with article 15 was meant to make it easy for the wife and children when removing custody.
The draft law stressed rejecting any lawsuit resulting from marriage contracts whose parties are under 18.
Article 2 of the draft law called for adding a paragraph to article 9, saying that except for alimony-relating rulings, all rulings issued by the family court in the range of LE 5000 cannot be appealed.
It also called for adding a paragraph to article 74 stipulating that the failure of the person obliged to deposit the alimony should not prevent the bank from disbursing money to the people deserving it.
Hassan told al-Masry al-Youm that according to complaints lodged to NCW there are loopholes relating to some litigation procedures in personal status affairs and the law on family courts, which are a reference in all personal status issues.
She added that such loopholes were discussed in sessions attended by experts, jurists and complainants. Discussions showed that the laws have to be reconsidered and loopholes should be addressed. Recommendations were referred to the NCW legislative committee.
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