Under Article 213 of the Family Code, no child under 7 years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.
(1) Explain the rationale of this provision. 2.5%
(2) Give at least 3 examples of “compelling reasons” which justify the taking away from the mother’s custody of her child under 7 years of age. 2.5%
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I.
1.
Having carried the child inside her womb, the mother has a unique bond with the child. It is in the best interest of the child to protect this bond in the early years of his or her development.
2.
Three examples of “compelling reasons” which justify the taking away from the mother’s custody of her child under 7 years of age are as follows:
a. Insanity of the mother;
b. Physical incapacity of the mother;
c. Conviction of the mother of a crime involving imprisonment.
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