Shared Custody in Tunisia: A Legal Revolution in the Making
Tunisia has long been a pioneer in the Arab world for women's rights and family legislation, thanks to the landmark Personal Status Code (CSP) of 1956. Today, a proposed new "Tunisian Family Code" is at the heart of parliamentary and legal debate, promising the most significant changes to family law in decades.
The most revolutionary change: the potential introduction of shared custody (co-parenting) after divorce.
The Current Law: Mother Priority
Under the current CSP, upon dissolution of marriage, custody (Hadhana) is awarded in this order:
- The mother
- The father (or maternal grandmother in certain cases)
In practice, the vast majority of Tunisian courts award custody to the mother automatically. The father receives legal guardianship (El Wilaya) but is limited to weekend visitation. This routinely creates conflicts over everyday decisions — travel abroad, school choice, medical treatment — and limits a father's presence in the child's daily life.
The Co-Parenting Revolution
The reform bill seeks to fundamentally change this asymmetric model. Child psychologists and family law specialists broadly agree: a child thrives when both parents are involved.
1. Joint Physical Custody as a Legal Option
For the first time, Tunisian law could explicitly provide for alternating physical custody (e.g., one week with the mother, the next with the father) when logistical conditions permit and when it serves the child's best interests.
2. Shared Legal Guardianship
To remove the need for one parent to seek the other's permission for every administrative step (passport renewal, hospital consent, school registration), the reform proposes shared parental authority by default.
3. A More Active Family Court Judge
Judges will gain greater powers to assess each parent's psychological and financial suitability. The reflexive, automatic award of custody to the mother will no longer be an absolute rule — both parents will stand before the court on an equal legal footing.
Why This Reform Matters
Tunisian courts are overwhelmed with post-divorce disputes over denied visitation rights and unpaid child support. By promoting peaceful co-parenting, the law aims to hold both partners accountable and minimise the emotional trauma of separation for children.
Note from our firm: This law is not yet voted, but it is already influencing judicial practice. Family courts are increasingly open to amicable agreements that emphasise strong involvement from both parents.
If you are navigating a divorce or separation and want to proactively protect your child's future, our firm specialises in negotiated divorce agreements (divorce by mutual consent) that place the child's best interests at the centre of every decision.