Child Custody Research Articles

Custody Determination for a Child Born as a Result of Rape: A Maqashid al-Sharia Perspective

This study aimed to examine child rights and the requirements for custody determination for a child born as a result of rape based on the maqashid al-sharia perspective. This research employed a normative legal research method with the statute and comparative approaches. The collected legal materials were analyzed qualitatively to describe the problem and answer the research objectives. The results of this study indicate that maqashid al-sharia emphasizes the importance of guaranteeing hadhanah, or child custody, by considering the caregiver’s rights, the child’s rights, and the father’s or guardian’s rights. Furthermore, the Quran provides comprehensive guidance in protecting and fulfilling child rights, while the principles of maqashid al-sharia, such as hifz al-din, hifz al-nafs, hifz al-‘aql, hifz al-nasl, and hifz al-mal, serve as the foundation for fulfilling these rights. In cases of children born as a result of rape, maqashid al-sharia emphasizes the necessity of the state’s presence to protect the child through the mechanism of child custody determination through the courts, taking into account specific requirements, such as the age, health, and good conduct of the prospective guardian, to ensure proper care and the fulfilment of the child’s rights. Therefore, it is recommended that various parties, including the government, judges, and prospective guardians, synergize in protecting and fulfilling the rights of children born as a result of rape by the principles of maqashid al-sharia.

Study on the Application of the Clauses of Respecting the True Will of Minors in Custody Disputes

Since the implementation of the Civil Code in 2021, the true will of minors has become the important accordance for courts to verdict the ownership of the child custody of minors. However, the clauses of respecting true will of minors have a weak institutionalization. There is a lack of a procedure to explore true will of minors and a standard to weigh that, causing inconsistent application of clauses in judicial practice. In order to realize the legislative goal of substantive law for respecting true will of minors, a procedural mechanism shall be established for listening and exploring true will of minors, and the applicable standard for measuring shall be specified when there is a conflict between true will of minors and other maintenance conditions. The applicability of the clauses of respecting true will of minors shall be strengthened.

Advanced neural network-based model for predicting court decisions on child custody

Predicting court rulings has gained attention over the past years. The court rulings are among the most important documents in all legal systems, profoundly impacting the lives of the children in case of divorce or separation. It is evident from literature that Natural language processing (NLP) and machine learning (ML) are widely used in the prediction of court rulings. In general, the court decisions comprise several pages and require a lot of space. In addition, extracting valuable information and predicting legal decisions task is difficult. Moreover, the legal system’s complexity and massive litigation make this problem more serious. Thus to solve this issue, we propose a new neural network-based model for predicting court decisions on child custody. Our proposed model efficiently performs an efficient search from a massive court decisions database and accurately identifies specific ones that especially deal with copyright claims. More specially, our proposed model performs a careful analysis of court decisions, especially on child custody, and pinpoints the plaintiff’s custody request, the court’s ruling, and the pivotal arguments. The working mechanism of our proposed model is performed in two phases. In the first phase, the isolation of pertinent sentences within the court ruling encapsulates the essence of the proceedings performed. In the second phase, these documents were annotated independently by using two legal professionals. In this phase, NLP and transformer-based models were employed and thus processed 3,000 annotated court rulings. We have used a massive dataset for the training and refining of our proposed model. The novelty of the proposed model is the integration of bidirectional encoder representations from transformers (BERT) and bidirectional long short-term memory (Bi_LSTM). The traditional methods are primarily based on support vector machines (SVM), and logistic regression. We have performed a comparison with the state-of-the-art model. The efficient results indicate that our proposed model efficiently navigates the complex terrain of legal language and court decision structures. The efficiency of the proposed model is measured in terms of the F1 score. The achieved results show that scores range from 0.66 to 0.93 and Kappa indices from 0.57 to 0.80 across the board. The performance is achieved at times surpassing the inter-annotator agreement, underscoring the model’s adeptness at extracting and understanding nuanced legal concepts. The efficient results proved the potential of the proposed neural network model, particularly those based on transformers, to effectively discern and categorize key elements within legal texts, even amidst the intricacies of judicial language and the layered complexity of appellate rulings.

Child custody after a divorce in Islam and in Russian legislation (comparative analysis)

The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor children that Muslims in the Russian Federation face during the divorce proceedings. The author, in this article, draws attention to the fact that due to some differences in these legal norms, Muslims may have difficulties associated with the desire to simultaneously comply with the rules of their religion in the legal field and not violate the provisions of Russian law. The author also discloses the ways out of the current situation, combining, where possible, the rules of law of the both approaches. The scientific novelty of the paper lies in the very study of the key problems that Muslims in Russia face in the matters related to the divorce process, in particular, regarding the right to care for the children after their parents’ divorce. The research provides the comparative analysis between the norms of Islam and the rules of the Family Code of the Russian Federation on the matter. As a result, it was determined that the Muslim community needs to know and study both the norms of Islamic Law regarding the right to care for the minor children after a divorce, and the position of Russian legislation. It is very important to learn how to combine these norms. Also, in case of a dispute, such issues should be addressed to the qadi. It will help you avoid mistakes and determine who has the priority right to care for the children.

Islam, Adat, and State: Examining the Phenomenon of Child Custody After Divorce in Padang Lawas Regency

This research is motivated by the phenomenon of childcare by fathers after divorce in Padang Lawas County. This phenomenon raises the interest of researchers to further examine child custody by fathers after divorce. The research method used is field research with a qualitative approach. Researchers collected primary data through interviews with traditional leaders and fathers caring for their children after divorce. The data obtained was then analyzed using descriptive analysis techniques, which involved collecting data through interviews and documentation and systematic data processing to describe and interpret existing phenomena. The results show that although customs in Padang Lawas County give custody to the father, it is essential to consider the provisions of the compilation of Islamic law and the broader principles of Islamic law. Child custody should focus on the best interests of the child, ensuring their physical, emotional, and mental development. Both parents have equal rights unless there are compelling reasons to the contrary, and they must work together to maintain the child's stability. Children have the right to adequate education and healthcare, as well as to maintain a good relationship with both parents, even if only one has primary custody.

Fulfillment of parents’ obligation to carry out child education (germany’s experience)

In the scientific article, the author conducted a scientific study of the peculiarities of parents’ fulfillment of the obligation to raise a child in accordance with German family law, the grounds for the emergence and termination of this family obligation, the elements of rights and obligations that make up the content of parental care. On the basis of the conducted research, the author came to the conclusion that the concept of «parental custody» is used in German family law. as an obligation and at the same time - the rights of parents to take care of their minor child. Parental custody includes such powers of the child’s parents as: representation of the child’s interests in legal relations in which he is the subject, the duty and right of the parents to take care of the child, raise him and supervise him, as well as determine his place of residence , not to apply punishments that encroach on the dignity of the child, the duty and right of parents to help the child in obtaining an education and a profession, taking into account his abilities and inclinations, the right of parents to demand the handover of a child from another person who illegally deprives his parents or one of his parents of the opportunity exercise parental care, certain rights related to medical intervention. For the obligation to raise a child to arise, German family law establishes several legal facts: the presence of the child’s parents in marriage, when the presumption of paternity applies to the person who is the husband of the child’s mother; an application to take care of the child submitted to both parents who are not married; adoption of a decision by the family court to establish parental custody over the child to its parents who are not married, with determination of the limits of such custody for each parent. The fulfillment of the obligation to raise a child in accordance with German family law is carried out with the mutual consent of both parents in the interests of the child; if the parents cannot agree on the exercise of parental custody, their dispute is resolved by the family court, which may grant the right to one of the parents to make an appropriate decision related to the exercise of parental custody.

Relevance of Religious Court Decisions on Marriage to National Development Policy Directions: A Legal and Social Analysis

The results show that the Religious Courts play an important role in harmonising Islamic law with national development policies and international legal standards, particularly in the context of protecting the rights of women and children. However, challenges exist in harmonising interpretations of Islamic law with the principles of human rights and gender equality guaranteed by international conventions such as CEDAW. This research uses a qualitative approach with a case study method to analyse the relevance of Religious Court decisions related to marriage to national development policies as well as their relationship to international law. Primary data was obtained through analysis of Religious Court decisions in several regions of Indonesia in the last five years covering marital issues such as divorce, polygamy, child custody, and division of joint property. Secondary data included national policy documents, such as the RPJMN, as well as international legal instruments such as CEDAW. This research identifies the need for progressive reforms in the Religious Courts system, including capacity building of judges in understanding international law, revision of the Compilation of Islamic Law, and strengthening co-operation between relevant institutions. The innovative contribution of this research lies in its in-depth analysis of how the Religious Courts can serve as a bridge between religious law, national development policy, and Indonesia's international obligations.

Social Development Perspective in Child Custody Law Enforcement: A Comparative Study of Legal Systems and Their Implications in Developing and Developed Countries

This study discusses the comparative application of child custody laws between developed and developing countries with a focus on the principle of "best interests of the child." Although this principle is recognized globally, its implementation varies widely across countries, influenced by social, cultural, religious, and economic factors. Developed countries such as the United States and Sweden tend to have more structured legal systems that support equality in custody, often adopting a joint custody model. In contrast, developing countries such as Indonesia and India face significant challenges in implementing this principle due to the influence of customary law, religion, and resource constraints. This study uses thematic and comparative analysis methods, and makes generalizations about the factors that influence the implementation of child custody in countries with different socio-economic backgrounds. The results of the study indicate that legal and social policy reforms, as well as increasing access to social services and legal education, are essential to improving the protection of children's rights in developing countries. Thus, recommendations focus on the need for international collaboration and increasing the capacity of courts to adopt best practices in child protection.

Pemberian Hak Asuh Anak Kepada Ibu Pasca Perceraian (Studi Kasus Putusan Pengadilan Negeri Sumber Nomor 32/PDT.G/2020/PN Sbr)

Custody of minor children will actually be received by the biological mother. However, in the case in the Decision of the Sumber District Court Number 32/Pdt.G/2020/PN Sbr., there is a fact that post-divorce child custody should be given to the biological father. In this case, although there is strong evidence to support the granting of custody to the father and the mother's living environment is considered unfavorable based on the available evidence. The child's welfare must still be prioritized in determining whether care is carried out by the mother or father. This is because the emotional bonds that children have greatly influence their development in life. The aim of this research is that the author wants to find out whether the factors in granting child custody to the mother in the case of the Sumber District Court Decision Number 49/Pdt.G/2019/PN Sbr can be justified according to the laws and regulations regarding marriage in Indonesia. This research uses a legislative approach using secondary data in the form of primary legal materials and secondary legal materials. The author collected data by conducting a literature study. The research data that has been obtained will be analyzed qualitatively. The result of the discussion of this research is that child custody is still given to the mother because the thing that is considered is not about events before or after the divorce that influence it, but about choosing a figure who makes them feel safe and prosperous, even in an undesirable situation.

Hak Perempuan dalam Amar Putusan Cerai Menurut Perspektif Maqashid Syari’ah pada Pengadilan Agama Kuala Tungkal Kelas 1B

This study discusses women’s rights in divorce decisions at the Kuala Tungkal Class 1B Religious Court based on the perspective of Maqashid Syari’ah. Women’s rights decided in divorce, such as iddah maintenance, mut’ah, child custody, and property division, are analyzed in terms of their suitability with the main objectives of Islamic law, namely protection of religion, soul, descendants, mind, and property (Maqashid Syari’ah). This research uses qualitative methods with the normative legal approach. to examine court decisions and how the laws applied reflect the principles of Maqashid Syari’ah. The results of the study indicate that divorce decisions at the Religious Court have considered women’s rights proportionally, although there is still room for further adjustment to be more in line with the essence of Maqashid Syari’ah, especially in terms of economic protection and gender justice. This study recommends the need to strengthen the integration between positive law and sharia principles to better guarantee women’s welfare after divorce.

Factors affecting problem-solving court team decisions about medications for opioid use disorder

BackgroundProblem-solving courts (PSCs) provide alternatives to prosecution and incarceration for drug-related crimes and offer integrated support for people who have lost custody of children due to drug use. Methadone and buprenorphine are lifesaving medications for opioid use disorder (MOUD) but are underused by PSC clients. Even when PSCs lack a court-level prohibition against MOUD, court staff still make individualized decisions about whether a court client can use MOUD. Therefore, we sought to identify factors involved in such individualized PSC court decisions about clients' use of MOUD. MethodsWe conducted semi-structured interviews and focus groups between Summer and Fall 2022 with a convenience sample of 54 PSC staff members from 33 courts across four states. Data were analyzed using iterative categorization. ResultsInterviewees indicated that their courts had eliminated blanket prohibitions against MOUD due to federal and state policy funding requirements, widespread dissemination of voluntary best practice standards, fear of lawsuits, and MOUD education targeting courts. Courts allowed MOUD if the court client accessed it through a treatment provider with whom the court collaborates. Some courts only allowed court clients to access MOUD from non-partnering treatment providers after a court-led “vetting” process of the proposed MOUD provider. MOUD provider characteristics considered during the vetting process included the provider's willingness to communicate with the court, frequent drug testing, adjustments of medication or dosage in response to aberrant results, offering of counseling, and acceptance of Medicaid or sliding scale payments. PSC staff were least comfortable with court clients using methadone treatment. ConclusionsThe presence (or lack of) a PSC-MOUD partnership is a key factor involved in court staff decisions when a court client desires MOUD. Therefore, increasing the number of partnerships between PSCs and MOUD providers could lead to higher rates of MOUD utilization. It is unclear whether court-led vetting processes for non-partnering MOUD treatment providers are necessary or appropriate, and such vetting processes could reduce treatment choice or access in communities with few MOUD providers.

Association of Food and Housing Insecurity on Outcomes in Pregnant Patients With Substance Use Disorder.

Food insecurity (FI) may be associated with worsened neonatal abstinence syndrome severity in infants born to individuals with substance use disorder. This study evaluates FI and housing insecurity (HI) influence on maternal and neonatal outcomes. This was a cohort study of patients receiving obstetric care through a multispecialty program in Kentucky from 2015 to 2023. Inclusion criteria were: (1) program participants over age 18 consenting to observational research, (2) delivering at University of Kentucky, and (3) not withdrawing from research at any time. Initially, a subset of patients for whom FI and HI concerns were heightened were screened. In 2019, FI and HI screening became standard of care at the clinic. Housing was assessed on enrollment. A validated 2-question Hunger Vital Sign FI screen was utilized for a subset of patients. Maternal and neonatal outcomes, including adverse delivery outcomes, maternal comorbidities, and birth complications, were observed. Fisher's exact and 2 sample t tests were performed. Of 494 participants, 188 (38%) identified at risk for HI. At enrollment, 221 (45%) individuals reported owning their primary residence, 85 (17%) were in group residential treatment, 34 (6.9%) had no housing, and 134 (27%) lived at another's residence. Disposition of a child to a relative or not the patient's own care was greater with HI, 51% versus 47%. Of 155 respondents, 96 (62%) reported FI, associated with increased neonatal intensive care unit (NICU) admission, 86% versus 74%. Using the validated tool, Abuse Assessment Screen, abuse was significantly greater with FI, 76% versus 58%. Edinburgh Postpartum Depression Scales >12 indicating depression were more common with FI, 63% versus 32%, P < .05. Anxiety scores were also higher with FI, P < .05. Patients with FI were more likely to experience abuse. FI and HI were health-related needs associated with increased anxiety, depression, infant NICU admission, and loss of child custody.

Taking shared parenting seriously: a comparative study of how family policies accommodate shared physical custody in post-separation households

Shared physical custody (SPC) is a care arrangement following parental separation, whereby children alternatively reside with their mother and father. Very little is known about how family policies accommodate SPC, which is all the more unfortunate, as it represents a key opportunity to understand how family policies can efficiently facilitate shared parenting. To address this gap, this article presents a modest attempt at designing a new comparative family policy approach that considers SPC arrangements, by examining the extent to which Belgian, French and Italian family policies accommodate a more equal sharing of parenting post-divorce. In so doing, we encourage studies of defamilialization to take better account of the diversity of contemporary family forms. The theoretical section traces back key feminist debates around defamilialization and proposes to consider SPC arrangements as an ‘atypical’ family configuration that best illustrates contemporary tensions around defamilialization and gender equality. It also takes stock of the few studies of family policy and SPC to highlight key issues at stake. The analysis section starts with the main characteristics of the family law, welfare regime and family policies of the three countries. Then, we examine a selection of emblematic and national-level family policies from the following areas: (1) Family benefits; (2) Financial support to access to services; and (3) Tax measures. Our comparison focuses on three main criteria: scope; entitlement; and shareability of benefits between parents in the context of SPC. Our analysis reveals the variety of approaches to SPC in family polices across countries and policy areas, and the significant lack of support for a more equitable distribution of parenting within SPC. We conclude by highlighting the usefulness of taking SPC into account in reflecting on and evaluating the implementation of defamilialization policies, and by identifying some of the challenges to be met by future research.

Secular ¬Interpretation of the Best Interest of the Child: CCI’s Decision on Child Custody in the Context of Divorced Parents (Case Comment)

Secular ¬Interpretation of the Best Interest of the Child: CCI’s Decision on Child Custody in the Context of Divorced Parents (Case Comment)

Spotlighting the Neglect of Balinese Women's and Children's Rights in Custody Court Decisions

The Balinese society adheres to a patrilineal kinship system in which men are considered the successors of the lineage. This system often serves as the rationale for awarding child custody to fathers in divorce cases, frequently disregarding the rights of the mother and the best interests of the child. This study examines the implications of the patrilineal kinship system on divorce proceedings, the criteria used by judges in child custody decisions among the Balinese, and the potential for reconstructing child custody arrangements to prioritize the child's best interests. It is a legal research that examines the normative issues regarding child custody in a patrilineal society with a gender perspective. This paper suggests that decisions regarding child custody should refer to the child's best interests principle and gender responsiveness. In the event of a divorce, a wife is typically returned to her parents by her husband's extended family, a process known as “mulih deha”, which effectively reverts her to the status of a girl, implying she has no children and does not retain any marital property. Societal culture holds that a child is considered secure in the father's household, even if the paternal grandparents provide care. This entrenched belief system discourages Balinese women from pursuing child custody. A co-parenting model, allowing both parents to remain actively involved, can help reconstruct child custody arrangements to serve the child's best interests better.

The Influence of Parenting Styles on Students Learning Motivation Akidah Akhlak Subject at MI Al Muttaqin

The purpose of this study is to investigate how parenting styles affect students' motivation to learn during Akidah Akhlak lessons at MI AL Mutaqqin Balikpapan . The methodology is quantitative, and questionnaires and interviews are utilized to gather data. 42 students participated in this survey as respondents. The first result of the F value counted at 119,549 with a significance level of 0,000 &lt; 0.05 which shows that the value 0,000 is less than 0.05 supports this theory and leads to the conclusion that the pattern of parental care affects learning motivation. Furthermore, the second result of a significant value of 0.000 &lt; 0.05, which is produced based on the significance value of the coefficient table, shows that parental custody patterns influence student learning incentives. The data analysis results indicate that parenting styles have a major impact on students' motivation to learn in Akidah Akhlak sessions. This research suggests that parental parenting styles, particularly when it comes to religious issues, play a significant influence in raising students' willingness to learn.

FAKTOR PENYEBAB TERJADINYA PERSELISIHAN DAN PERTENGKARAN TERUS MENERUS DI PENGADILAN AGAMA TILAMUTA

This research is motivated by the difficulty of maintaining and creating a harmonious household. Differences of opinion, lack of communication and various kinds of problems that trigger disputes and disputes between the two. The aims of this research are (1) to determine the factors that cause continuous disputes and quarrels and (2) to determine the consequences of continuous disputes and quarrels. This research was carried out at the Tilamuta Religious Court using a qualitative approach with an empirical research type. The results of the research show that the causes of disputes and quarrels are; a) Economic problems, household needs are not met while there are children and wife's needs that must be met. b) Third party interference, can come from families who are excessively involved in household relationships or from other people. c) Polygamy is unhealthy, the husband is unable to act fairly and is unable to take responsibility for his two wives. d) Domestic violence/abuse occurs, lack of control of each other's egos and coupled with the husband not being able to control his emotions so he takes it out on his wife. The consequences arising from continuous disputes and quarrels include: (a) Disruption in fulfilling the rights and obligations of husband and wife, (b) Problems regarding child custody, (c) Division of joint Assets

Deaths Related to Domestic Violence in Washington State.

Domestic violence (DV; including intimate partner and family violence) is associated with heightened lethality risks, yet limited research has comprehensively assessed the connection between DV and fatal violence considering both homicides and suicides. Understanding the fatal consequences of DV can point to missed opportunities to support individuals and their families. To assess the proportion of violent deaths that were connected to DV and describe contacts with the legal system or social services prior to each DV-related fatality. This cross-sectional study used quantitative and qualitative data from the National Violent Death Reporting System (NVDRS) for all individuals who died by homicide or suicide in Washington from January 1, 2015, to December 31, 2020. Analyses were conducted from August 1, 2022, to September 30, 2023. A multipronged approach was used to assess DV history using existing NVDRS variables, leveraging data from prior review of NVDRS death narratives, applying a validated natural language processing tool, and linking related deaths. Domestic violence was recorded as yes or no, but the decedent's role in the abusive relationship (ie, experiencing or enacting DV) could not be differentiated. To describe system involvement prior to each death, keyword searching and hand review of NVDRS death narratives were used. A total of 7352 intentional violent deaths (1192 homicides [16.2%]; 6160 suicides [83.8%]) with known circumstances were recorded in Washington during the study period. Of these, 948 deaths (12.9%) were connected to DV (624 [65.8%] among males; mean [SD] age at death, 45.3 [19.2] years), including 588 suicides (62.0%) and 360 homicides (38.0%). For 420 DV-related deaths (44.3%), there was evidence to suggest that the person who died or their intimate partner(s), family, or cohabitants had prior contacts with the legal system or social services. Specifically, 318 records (33.5%) mentioned prior contacts with law enforcement or the criminal legal system (eg, prior 9-1-1 calls, criminal convictions), and 225 (23.7%) described engagement with social services or the civil legal system (eg, civil protection order, divorce, or child custody problems). In this cross-sectional study, 12.9% of violent deaths in Washington were connected to DV. The findings suggest that more resources are needed to support law enforcement, court professionals, and social services specialists to proactively identify and refer families to wraparound supports before the situation can escalate to a fatality.

Penetapan Kuasa Asuh Terhadap Anak di Bawah Umur Pasca Perceraian: Analisis Putusan Pengadilan Agama Lubuk Pakam Nomor 0197/Pdt.G/2021/PA.Lpk

This article aims to investigate how the process of determining custody of children who have not yet reached the age of majority or who are not mumayyiz after divorce is in accordance with Indonesian laws and regulations, as well as how the law is applied in handling disputes related to this issue. This article applies a normative juridical research approach as an analytical tool to examine and interpret legal data contained in legislation, especially Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law and Presidential Instruction No. 1 of 1991. The results of the article show that firstly, although the Law on Marriage does not specifically regulate the process of determining custody of children under the custody of children who have not reached the age of majority after divorce, this issue is regulated in detail in Article 105 and Article 156 Compilation of Islamic Law. Determination of child custody is based on considerations of morality, health, and the parents' ability to educate children, which aims to ensure the child's primary interests. Second, law enforcement in resolving disputes related to determining child custody is still not fully in line with current needs, so it is necessary to revise Law Number 1 of 1974 concerning Marriage and KHI to better meet current demands. The judge's considerations in determining custody are not only based on formal legal aspects of written legal rules, but can also be based on moral considerations, social values, including paying attention to environmental conditions, exploring the track records of both parents and the psychology of the children in the family at that time.

Pemeriksaan Setempat (Descente) Terhadap Anak dalam Sengketa Hak Asuh Anak: Analisis Putusan Hakim di Lingkungan Pengadilan Agama di Indonesia

Descente or site visit are usually carried out on material cases, such as inheritance cases, joint property, sharia economics and so on, with the aim of avoiding difficulties in carrying out the execution of decisions at a later date. However, in several decisions, site visit were also found in cases other than material things, including in disputes over child custody or hadhanah by examining Decision Number 1063/Pdt.G/2022/PA.Tgm, Decision Number 627/Pdt.G/2023/ PA.Prw and Decision Number 585/Pdt.G/2020/PA.Ppg. This research is normative legal research or library research with a conceptual approach which examines primary data from several judicial decisions in Indonesia such as the Tanggamus Religious Court, the Pringsewu Religious Court and the Pasir Pangaraian Religious Court. The results of the research show that the implementation of site visit of children is the same as site visit of material cases and there are two reasons why the panel of judges conducts site visit of site visit of these cases, namely: directly ensuring the objective condition of the child and the child's growth and development and also ensuring environmental conditions. around the child in order to realize the best interests of the child. Site visit of children, apart from fulfilling the best interests of the child, also fulfills the objectives of Islamic law in maqāṣid asy-syarīah, namely hifz al-nafs or soul.