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🛡️ Guardianship & Custodianship

Who Decides the Child's Education in Jordan?

Decision-making authority for child's education: the guardian (father) for major decisions, the custodian for daily ones, and the court in disputes

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

The decision on a child's education under Jordanian law is connected to the guardian's guardianship over the child's affairs. Article 184 of the Personal Status Law provides that the guardian has the right to oversee the child's affairs, upbringing, education, and guidance, so overseeing education is at the core of guardianship over the person.

Article 190 adds that the father must maintain his children's education across its stages, and Article 191 addresses the guardian's election to educate the child in private schools and the resulting controls on the maintenance obligation according to ability. The guardian is the decision-maker in choosing education, while the custodian handles daily care and what relates to it.

On a dispute between the guardian and custodian about education, the matter is put to the Sharia Court to decide in a way that serves the child's interest, so the decision is not left to one party alone in case of dispute.

Assessing what serves the child's interest in education remains within the Sharia Court's competence on the facts of each case.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

Can the father transfer the child between schools without the mother's consent?
In principle yes as guardian, but if the transfer harms psychologically or academically and the mother is custodian, she may petition the court to halt the transfer or compel a more suitable alternative.
Who pays the school fees?
The father, as the one obligated to maintain the children, even if custody is with the mother. School costs are part of maintenance and include fees, books, transport, and uniforms.
What if the mother rejects the father's educational choice?
She may petition the court to show the father's choice contradicts the child's interest (excessively distant school, costs beyond the father's means, harmful environment). The court reviews and decides.

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Need legal help with guardianship & custodianship matters? Learn about a Sharia lawyer in Jordan or book a consultation with Dr. Nadia Asaad.