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Family LawVERIFIED NEPAL LEGAL TERM
Bal Adhikar (बाल अधिकार)
English Equivalent:Child Rights
Definition Summary
"The fundamental legal protections guaranteed to all children."
Detailed Explanation
Bal Adhikar includes the right to education, health, identity, and protection from abuse, as guaranteed by local and international laws.
Legal Basis in Nepal Law
Constitution of Nepal, Article 39 (Rights of the Child) and Children Act 2075.
Practical Example
The Children Act protects bal-adhikar by prohibiting child labor and forced exploitation.
Family Law, Child Support, and Custody Regulations in Nepal
Family disputes, divorce (Sambandhabichhed), child custody, and child support (Manachamal) are governed by Chapter 3 of the Muluki Civil Code 2074 and the Children Act 2075.
Key Statutory Rules:
- Custody Priority: For children under 5 years of age, primary custody is awarded to the mother, provided she can care for the child. For children between 5 and 10, custody goes to the mother if she has not remarried.
- Child Choice: Children who are 10 years of age or older have the right to choose which parent they wish to live with during court proceedings.
- Maintenance Obligation: Both parents are legally obligated to provide education, healthcare, and maintenance according to their financial status.
- Visitation Rights: The non-custodial parent is entitled to reasonable visitation rights as determined by the court to maintain a healthy relationship.
Required Documentation:
- Marriage registration certificate (Bibaah Darta).
- Birth certificates of the children (Balbalika Janma Darta).
- Income certificates and property deeds of both parents to calculate support.
- Ward recommendation letters regarding the family status.