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Ruling 2476*

A father cannot separate a son or daughter from his/her mother before he/she completes two years of age, because looking after a child [up to the age of two] is a right that is shared between the father and the mother. The recommended precaution is that a child should not be separated from his mother until he completes seven years of age; in fact, if separating the child would be harmful for him, it is not permitted.

  • Commentary

    This ruling changed in March 2022. The previous version of the ruling was as follows:

    “A father cannot separate a son or daughter from his/ her mother before he/she completes two years of age, because looking after a child [up to the age of two] is a right that is shared between the father and the mother. And the more precautious and more preferred [juristic opinion, i.e. the recommended precaution] is that a child should not be separated from his/her mother until he/she completes seven years of age.”