Follow-up to IRN 30978.E of 18 January 1999 on access to documents relating to court decisions on child custody cases following the death of the father [IRN31392.E]

Please refer to the following questions, sent by the Research Directorate on 14 January 1999 to the Embassy of the Islamic Republic of Iran, and the accompanying answers provided by Counsellor and Head of Consulate Section of the embassy on 19 February 1999:

In families where the father has died, does the mother retain the right to custody of the children?

Answer: After the death of the father of a child, the grandfather of the child from the father's side is the legal custodian of the child. However, in case of the death of the grandfather or his disqualification of child's custody, the mother could take the child's custody by the rule of the appropriate court.

If she does retain that right, are there any situations where the paternal grandfather would have a right to custody?

Answer: Yes, in case of disqualification of the mother.

If there was a dispute in custody that was referred to the courts, would both the mother and the grandfather receive the decision in writing?

Answer: Yes.

If not, after the decision has been given, would the mother or the grandfather or their lawyers, be able to request from the court its decision in writing?

Answer: Yes.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.


Embassy of the Islamic Republic of Iran. 19 February 1999. Letter from Counsellor and Head of Consulate Section.