Hassan Al -Sitry
Representatives Ahmed Al -Salloum, Khaled Bouaq and Hisham Al -Awadi revealed that they submit a proposal to punish the imprisonment and a fine for everyone who incites a child who is custody of one of the parents after the divorce, not to visit the other father, as it was stated in the text that “the punishment affects the incitement of the incubator – by any means – to refrain from a visit, a visit, or accompany the beneficiary of the visit according to the ruling of the visit issued for his interest.”
And the deputies indicated in the explanatory note of the proposal that “in light of the family reality witnessed by the family disputes after the separation of the parents, and the consequent problems related to the implementation of the provisions of the visit issued for the benefit of one of the parents or others who have a legal right to see the custody or accompany it, the urgent need to address one of the indirect violations of the implementation of these provisions, which is represented in inciting the incitement to refrain from The visit or reject it.
They stated that “it has been observed in the practical application that some incubators or relevant people intend – with direct or indirect methods – to influence the will of the incubator psychologically or morally, in a way that leads him to refuse to implement the ruling of the visit, which empties the judicial ruling of its content, waste the best interest of the child, and the beneficiary of the beneficiary of the visit of the visit.”
The proposed amendment comes to add a second paragraph to Article (318) bis) stipulating: “The same punishment shall be punished with any incitement – by any means – to refrain from a visit to the one who is entitled to the visit, his association or his taking with him, whenever this is made, contrary to what the visit of the visit issued for his benefit.”
The proposed amendment aims to bridge the legislative vacuum related to incitement behavior, which is one of the most important indirect reasons for obstructing the implementation of the provisions of the visit. And enhancing the legal protection of those who are entitled to the visit from the actions that invalidate the effect of the ruling without a visible violation of it, in addition to achieving the special and public deterrence of the parties that may take advantage of the patriarchal or incubating power in the negative impact on the will of the custody and emphasize the priority of the custody interest, as it is legally protected, by avoiding the involvement of parents ’conflicts or carrying its psychological burdens.
