Difference Between Custodian (Ḥāḍin) and Guardian (Walī) in Jordanian Law

❓Frequently Asked Questions

Can both roles vest in one person?

Yes: the father becomes both custodian and guardian when custody cannot be exercised by the mother (her death, custody removal, marriage to a stranger to the child). The mother becomes both when the father dies and she is appointed custodian.

Can the custodian prevent the guardian from seeing the child?

No. The guardian's visitation right is protected and cannot be prevented by the custodian except by a reasoned judicial order (danger to the child, violence, active addiction). Arbitrary prevention may ground custody removal.

Does the guardian pay the custodian a fee?

Yes — custody pay (ujrat ḥaḍāna). It is owed by the father to the custodian mother after divorce and ʿiddah, assessed according to the father's means and the child's needs. It is in addition to child maintenance itself.

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