Despite the end of the episodes of the series Under Guardianship, which was shown in the last half of Ramadan, the discussions raised by the series did not end with the presentation of the last episode, but viewers still have some questions and ideas that were raised in parallel with the issue presented by the series, including the question about the meaning of guardianship. , as well as the different state types.

What is guardianship?

According to the law, the father is the guardian and the natural guardian of the children, and any son under the age of majority is considered under the tutelage and tutelage of his father. be safe.

For his part, Counselor Sami Al-Bawadi said in his interview with “The Seventh Day”, the responsibility ramifies into three types of custody of minor children and the responsibility for their education in what is known as the educational guardianship. the father.

With regard to the custody of minors, there is no dispute over it and there is no effect on the death of the father, as long as the minor is of the age of female custody, as matters are subject to the arrangement of custody in what Sharia and the law have defined as the owners of the right to custody among women, and they are in the following order: the mother – then the mother’s mother, even if she is high – then the father’s mother And if you rise – then the full sisters – then the maternal sisters – then the paternal sisters – then the full sister’s daughter – then the maternal sister’s daughter – then the full maternal aunts – then the maternal aunts – then the paternal aunts – then the paternal sister’s daughter – then the full sister’s daughter – and so on. Provided that the conditions of the custodian are fulfilled, in whom custody is established.

The legal guardian after the death of the father

The law clearly took care of this matter in order to preserve the funds of minor children, and among the laws that govern this issue from an objective point of view is Law No. (119 of 1952), while from an executive point of view it is governed by Law No. (1) of 2000, and also Law No. 10 of 2004, Those charged with regulating some litigation cases and procedures in matters related to personal status.

And also Law No. 10 of 2004 regarding the establishment of the Family Court, as Article 47 of this important law states that (persons who are incompetent or incapacitated, depending on the circumstances, are subject to the provisions of guardianship of guardianship with the specific conditions and rules imposed by the law. Accordingly, the system of guardianship over money, which is represented in guardianship, guardianship, guardianship, legal assistance, agency for the absent, supervision)

jurisdiction over money

And the legal advisor continued that, based on those rules set by the law, the system of guardianship over money is that the person who was identified by the father and recommended to him on his behalf after his death in preserving the money of the children is responsible for preserving and managing the orphans’ money, and this person may be from relatives such as the mother, uncle, grandfather and others Whom the father trusts and may also be from strangers.

Guardianship over children

The father does not specify a specific person in his guardianship over the children after his departure

In the event that the father does not specify a specific person to be the guardian of his children’s money, then guardianship is for the children’s grandfather to the father, and in the event of the death of the children’s grandfather to the father, the responsibility of the children and guardianship over their money devolves to the mother, or to those who are closer to the children than the clans such as the brother, uncle and others

And in the event that these people dispute over guardianship over the children and they are all of the same degree and status, the judge chooses the fittest among them to be the guardian of the children and their money.

Series under guardianship

Education state

The principle is that educational guardianship is the right of the father. In the event of the death of the father, the educational guardianship is transferred to the custodial mother in the event that she is present and custody of the children is with her. In the case of custody of the children in the hands of another person according to the law, in this case the custody is transferred to the one who has custody of the child.

The educational guardianship is a temporary order issued by the family court judge in his capacity as the judge of urgent matters issued in the interest of the child in the first place, in order to give the right to manage his academic affairs in choosing the appropriate education for him according to the priorities of each individual case and to organize the affairs of the child as long as he is still in the age of custody and has not reached the age of 15 years .

According to Article 54 of the Child Law No. 12 of 1996, amended by Law No. 126 of 2008, “the educational guardianship of the child rests with the custodian, and at the time of dispute over what is in the best interest of the child, any of the concerned parties shall submit a request to the President of the Family Court, in his capacity as a judge for urgent and temporary matters.” To issue his decision in the matter without prejudice to the right of the custodian in the educational state.

The incubator has the right to raise the matter to the judge of the family court so that he issues an order on a petition for the entitlement of the custodial mother to arrange the educational papers of the child and choose the appropriate education for him and the right to transfer the files of the child to another school and to attend the parents’ council and all matters related to the education of the child. The temporary order that was issued in the interest of the mother, with a claim called the grievance against the temporary order, with the original claim, the usual procedures within 10 days of the issuance of the temporary order.

The bottom line is that the law approved the custody of minors after the death of their father, which does not differ in the event of his presence, and it is always for the mother and the subsequent custodians, with regard to the age of custody of women. Custody for any reason is one of its misstatements and is transferred to another.

As for their material affairs and their money after the death of the father, the basic principle in this is that the money of the orphans is taken over by the guardian who was bequeathed to him by the father, whether the guardian is a relative such as the mother, uncles, grandfather or others. The money of these orphans goes to their grandfather. If the grandfather is incapacitated or unable to manage their money, then guardianship is transferred to the mother. The mother’s marriage has no effect on her guardianship over her children, because there is a difference between custody and guardianship over money.