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Difference Between Custody (Ḥaḍāna) and Guardianship (Wilāyah) in Jordan
Core difference between custody (daily care) and guardianship (legal authority over major decisions), and how they separate after divorce
⚖ Based on official Jordanian law — Personal Status Law No. 15 of 2019
- 218Published legal questions
- 6Legal topics
- ⚖Cites Personal Status Law No. 15 of 2019
Frequently Asked Questions
- Can the mother be both custodian and guardian?
- Yes, in exceptional cases: the father has died, his guardianship was judicially removed (for addiction or harm), or he has been long absent. Otherwise, guardianship typically remains with the father even when custody is with the mother.
- Who decides the child's education and travel after divorce?
- The guardian (father) decides education, travel, religion, and funds. The custodian (mother) handles daily care but cannot make major decisions without guardian approval.
- What can the mother do if the father is obstructive?
- She may file before the Personal Status Court for judicial permission (e.g., medical travel) or for guardianship removal if abuse harming the child's interest is proven.
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