A commentary on precedent No. 54/2022/al on the determination of child custody in divorce cases

Abstract

Precedent No. 54/2022/AL was adopted by the Judges’ Council of the Supreme People's Court on 7 September 2022 and was announced under Decision No. 323/QĐ-CA on 14 October 2022 by the Chief Justice of the Supreme People's Court. This precedent has contributed to resolving the issues in the current law on marriage and family in protecting children's rights, specifically ensuring the rights of children under 36 months old through the mechanism of parental obligations and rights for the care and upbringing of their children. This article analyses the legal framework governing the determination of custody in divorce proceedings, thereby highlighting the contributions of precedent No. 54/2022/AL in judicial practice. In addition, the article examines some legal issues that arise in the practical application of this precedent, such as determining the reasons for the mother’s abandonment of an infant and determining the child’s age at the time of the mother’s abandonment, contributing to guiding the application of precedent No. 54/022/AL in a manner that ensures a balanced consideration of both the obligations and rights of parents and the best interests of children.