Child Custody and Maintenance After Divorce: What Moroccan Family Law Really Says

In a divorce, the most sensitive questions almost always concern the children: who will they live with, when will they see the other parent, who will pay for their needs and how much? The Moroccan Family Code sets precise rules guided by one central principle: the best interests of the child. Here is what you need to know, whether your case is heard in Agadir, Inezgane or elsewhere in Morocco.

What is custody (hadana)?

Custody means protecting the child, raising them and looking after their health, education and safety. During the marriage, it is the duty of both parents. After separation, the law sets an order of priority: the mother first, then the father, then the maternal grandmother. Failing these, the court awards custody to the most suitable relative, always according to the child’s interests.

Custody must not be confused with legal guardianship (wilaya), which covers representing the child and managing their property and administrative affairs. The custodial parent is not automatically the legal guardian.

How long does custody last?

Custody lasts until the child comes of age, for boys and girls alike. From the age of fifteen, the child may choose to live with either the father or the mother. The judge remains attentive to the child’s actual circumstances and can always intervene where the child’s interests require it.

Can custody be lost?

The custodial parent must meet certain conditions: being an adult, of good conduct and able to raise and look after the child. A mother’s remarriage does not automatically cost her custody: the law provides several exceptions, in particular where the child is under seven or where separation from the mother would harm the child. Each situation is assessed individually.

At a parent’s request, the judge may also prohibit the child from leaving Morocco without the other parent’s consent, an important safeguard for families with a member living abroad.

Visitation rights

The non-custodial parent keeps the right to see the child and maintain the relationship. Parents can arrange visitation by agreement; if they cannot agree, the court sets the place, frequency and duration. A precise schedule prevents a great deal of tension, especially during school holidays and festivals.

Child maintenance (nafaqa)

Maintenance covers food, clothing, medical care, schooling and, more broadly, whatever is considered necessary for the child. It is in principle owed by the father:

• until the child comes of age;
• until twenty-five for a child who is still studying;
• for a daughter, until she has her own income or until her maintenance falls on her husband;
• with no age limit for a child with a disability who cannot support themselves.

How is the amount set?

The court considers the income of the parent who pays, the child’s situation and needs, the cost of living and the customs of the social environment. It relies on both parties’ statements and evidence: payslips, tax returns, lifestyle. A well-documented file is therefore decisive, whichever side you are on.

The child’s housing

Housing costs for the child are separate from maintenance. The child cannot be removed from the family home until the father has complied with the decision on housing. This must be dealt with explicitly in the judgment or in the parents’ agreement.

Can maintenance be changed?

Maintenance that has been set can in principle only be reviewed after one year, except in exceptional circumstances. A significant change in income or needs may justify an application to increase or reduce it.

What if maintenance is not paid?

The maintenance judgment can be enforced, for example through an attachment of earnings. Deliberately refusing to pay court-ordered maintenance may also constitute the criminal offence of family abandonment. In addition, the Family Mutual Aid Fund can, under certain conditions, advance payments to divorced mothers and children when the debtor fails to pay. A lawyer will tell you which route is most effective in your situation.

Practical tips

1. Keep proof of all the child’s expenses: school, health, activities.
2. Gather information on the other parent’s actual income.
3. Aim for a detailed agreement: in a divorce by mutual consent, the court often approves what the parents have agreed, provided it respects the child’s interests.
4. If you disagree, prepare your file before the hearing, not after.

Support in Agadir and Inezgane

The office of Maître Said Laachili, a lawyer in Inezgane near Agadir, handles family law matters to set, review or recover maintenance and to organise custody and visitation. To see how these questions fit into the whole procedure, read our complete guide to divorce in Morocco and the wife’s rights after divorce.

A question about your children’s custody or maintenance? Contact the office.