Determining Interim Order in a Custody Claim

Abstract

Custodianship aims at providing the child with educational, mental and physical health, which due to some special reasons, is sometimes denied to the custodian. Dealing with such complaints through normal legal proceedings requires a considerable amount of time, and in contingency situations it may exert physical and psychological damage to the child. This issue has been anticipated in Article 7 of the Family Protection Act 2011 with a possibility of the urgent consideration of custody claims and the issuance of an "interim order". However, the aforesaid law still has some shortcomings and drawbacks which the author of the present paper aims at mainly elaborating on. For example, by studying and analyzing the issue of "Interim Order", the current paper proposes to include an article in the Family Protection Act, asserting that "in interim order", defendant is required to fulfill definite obligations regarding custodianship action. In addition, the writer proposes an article that the children whose guardianship and custodianship is given to some families by the order of the Welfare Administration for an "interim period", in case their physical and psychological health is subjected to risks and dangers, by the request of a representative appointed by Department of Welfare or Court Attorney, the court is entitled to issue an immediate order to revoke the custodianship order and to return the child to the Department of Welfare without requiring any permission.

Keywords

• custody
• infant
• court
• immediate proceedings
• interim order