Mother loses custody right over ‘modern clothing’ and a rendezvous with another man
A mother in Inzegan, south of Agadir, lost custody rights for leaving her home at 6 PM in “modern attire,” exchanging messages and arranging a rendezvous with another man. The ruling was made by the Court of Cassation on January 17 and was made public recently.
The case dates back to September 2020, when the husband filed for divorce, citing marital difficulties and expressing concerns about his wife’s interactions with male friends over the phone.
After attempts at reconciliation failed, the First Instance Court granted the divorce, removed custody from the mother, and awarded it to the father.
The mother was allowed visits during weekends and specific holidays.
Unhappy with the custody decision, the wife filed an appeal, highlighting her earlier acquittal from charges of incitement to “moral corruption.”
The wife said her husband’s claims lacked merit, and his constant suspicions had disrupted their lives. Her appeal sought to overturn the original ruling and restore her custody rights.
In response, the Court of Appeal reversed the initial verdict, reinstating custody with the mother.
The court outlined visitation schedules for the father on Sundays and during the first half of school breaks.
The father was also ordered to pay the ex-wife MAD 10,000 as alimony and for child support.
Dissatisfied with the Court of Appeal’s decision, the ex-husband appealed to the Court of Cassation.
The Court of Cassation overturned the verdict of the Court of Appeal, emphasizing that one of the essential conditions for a custodial parent is integrity and trustworthiness.
The court’s decision said that evidence from the case files indicated that “through an external surveillance camera at the husband’s residence, the wife was seen leaving the house at 6 PM wearing modern clothing. This coincided with her text messages on WhatsApp with a man, requesting confirmation of their meeting.”
The wife, also called the same man, “expressed admiration for his perfume and asked him to provide her with a similar one. She also communicated WhatsApp with other individuals, which cast doubt on the decency and virtue expected from a custodial parent.”