The Obstacles of Exercising Child Custody in the Imami Jurisprudence, Iranian Law and French Law

parents’ authority in support and education of their children should be used only to protect their best interests. Therefore if protection of child’s safety، health or education so requires، this authority may be limited or withdrawn from the parents. In Imami jurisprudence، Iranian law and French law، welfare of the child is the main factor governing the support and education of the child. Each of the three legal systems، therefore، developed its own measures to protect child’s welfare. However، in French law in addition to the protection of children، measures of educational assistance could be judicially ordered to help the parents fulfill their parental authority. In Imami jurisprudence and Iranian law parents may restitute their parental authority if obstacles are eliminated. In French law it is the same except if the child has been placed for adoption before restitution request.