Enforcement of Child Custody Following the Dissolution of a Mixed Marriage under Algerian Law

Abstract

Mixed marriage gives rise to a broad range of legal difficulties in determining the law applicable to a dispute, owing to the divergence—and lack of harmonisation—of conflict-of-laws connecting factors across jurisdictions. While certain states treat nationality as the decisive connecting factor for identifying the competent law where a foreign element exists in matters of personal status, others rely on domicile. Moreover, differences in characterisation (qualification) from one state to another constitute a further impediment for the seised judge when applying the conflict rules embedded in the forum’s legal system. Child custody, as a legal consequence of the dissolution of marriage by divorce, stands out as one of the most significant issues confronting the judge—not only in determining the governing law, but also at the stage of enforcing custody determinations as recognised by the forum, including rights of access/visitation, child maintenance, and the relocation of the minor to a foreign state. Accordingly, the present study seeks to delineate the principal difficulties encountered by the seised judge and to address the modalities for enforcing foreign custody judgments rendered abroad.