After a divorce, custody of the child is given to one parent. The other parent does not lose the bond: the Family Code grants them visiting rights, which the parents organise together or the court sets.
An agreement first, the court otherwise
The parents can agree on the visiting arrangements: days, times, place, holidays. The agreement is recorded in the court's decision.
Failing agreement, the court itself sets the visiting periods and place, taking into account the child's age, schooling and the distance between the homes.
What the court looks at
- The child's best interests, the main criterion.
- Each parent's living conditions.
- Geography, in particular when one parent lives in another city or abroad.
When the arrangements are not respected
A parent who prevents visits, or does not follow the arrangements set, exposes themselves to a review of the measures by the court, which can go as far as changing custody when the child's interests justify it.
Travelling abroad with the child
The custodial parent cannot travel outside Morocco with the child without the agreement of the child's legal representative. If that agreement is refused, the summary judge can be asked to authorise a temporary trip, after making sure the child will return.
The firm's view
A precise visiting schedule, written at the time of the divorce, prevents most later conflicts.
Maître Malak Elimani assists parents in organising and reviewing visiting rights and custody. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Divorce and family law
- Divorce for Discord (Chiqaq) in Morocco: Procedure, Time, Rights
- Divorce by Mutual Consent in Morocco: Procedure and Rights
- Child Maintenance and Custody in Morocco: How It Is Decided
- Family Code (Moudawana) reform: where do things stand?
- Property acquired during marriage: Article 49 of the Moroccan Family Code
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.
