Legal and Criminal Sanctions for Failure to Fulfill Custody Obligations in the Iranian Legal System

Abstract

Custody is one of the most important protective institutions in family law and plays a fundamental role in safeguarding the physical, psychological, moral, and educational well-being of children. Under Iranian law, pursuant to Article 1168 of the Civil Code, custody is recognized as both a right and a duty of the parents. Accordingly, parents not only possess the right to care for and raise their children but are also legally obligated to perform this responsibility in accordance with the best interests of the child. Failure to fulfill custodial obligations, abuse of custodial rights, neglect of the child, or obstruction of the enforcement of judicial orders may result in the application of both civil and criminal sanctions. This study employs a descriptive–analytical method and relies on the provisions of the Civil Code, the Family Protection Act, the Civil Liability Act, and the Islamic Penal Code to examine the sanctions associated with the non-performance of custodial duties within the Iranian legal system. The findings indicate that, from a civil law perspective, the legislator has provided remedies such as compelling the performance of custody obligations, revoking custody in cases of incompetence or moral corruption, appointing a supervisor, transferring custody to a qualified person, and compensating for damages resulting from the custodian’s negligence. From a criminal law perspective, conduct such as refusal to comply with custody orders, obstruction of a child’s visitation rights, failure to return a child, non-payment of maintenance, and child abandonment may, depending on the circumstances, lead to penalties including imprisonment or monetary fines. Nevertheless, the fragmentation of legal provisions, ambiguity regarding the precise scope of custodial duties, and difficulties in determining the child’s best interests remain among the principal challenges in this area. Therefore, strengthening protective and preventive approaches and enhancing the coherence of legal regulations are essential for the effective protection of children's rights.