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 New judicial decision in favor of a single mother

Written by FDM

In Souk Larbaa, northwestern town in Morocco, a court has ruled in favor of a single mother who needed the family record book (exclusively reserved to men) to benefit her child from the family reunification procedure.

Single mothers still need to go to court to get the record book, a right exclusively reserved to “Moroccan husbands officially registered in the civil registry,” according to the law.
However  on November 20, president of the court in Souk Larbaa issued an order recognizing the applicant’s right to obtain it.

The mother, Moroccan resident in Spain, was denied the grant of this book by the local authorities, while it was crucial for the her since she had to present it to Spanish consular authorities. She needed  to establish an identity for her child and reunify the family in Spain.

After filling an official correspondence to the tribunal of first instance in Souk Larbaa, the presiding judge  ordered the registrar of civil status to provide the applicant with a family record book containing all the informations relating to her birth certificate as well as her daughter’s.

According to news site Media24, the court based its decision on Article 231 of the family Code which, in the absence of a father, devolves to the single mother  the legal representation of the child.

The order also referred to article 54 of the Moudawana, which compels “the State must take all necessary measures to protect children, [and] defend and preserve their rights, in accordance with the law.”