usual control in customs and border police, in addition to holding a valid travel
document and a visa.
155.However, if the person entitled to the custody of a child from a separated couple
chooses to live in a foreign country, the judge may confirm or withdraw the custody
according to the interest of the child. (Art. 69 of the Family Code).
156.Foreigners residing in the country can claim the "right of entry and exit from the
national territory" and enter and remain in their country of origin at any time,
provided that they comply with the laws and regulations of the host country, in
particular those relating to entry and residence in Algeria (Act 08-11 of 25 June 2008
on the conditions for entry, stay and movement of foreigners in Algeria.
157.The latter clearly defines the conditions for entry, stay and movement of
foreigners in the country and manages the family reunification (article 19), it sets a
definition of a foreign national and conditions and formalities, which they are subject
for a regular visit to Algeria. As such, the civil society suggests a census of foreigners
living illegally in the country and they should be allowed to work legally.
158.It should be noted that children who are temporarily or permanently withdrawn
from their family environment or who in their interest, cannot be left in this setting,
are supported by state institutions in accordance with Ordinance No. ° 72-03 of 10
February 1972 on the protection of children and adolescent and Ordinance No. 75-64
of 26 September 1975 establishing the institutions and services responsible for child
protection and adolescence.
159.When the child is placed in an appropriate institution, the State provides the
necessary resources at both human and material level in order to ensure optimum
living conditions and social integration.
160.Maintenance of the Child: The rights of custody (hadana) consist of
maintenance, education and upbringing of the child as well as the preservation of his
physical and mental health. The custodian must be qualified to be in charge. In case of
divorce, it is for the father to provide to the beneficiary of the custody, for the exercise
of custody, a decent housing or to cover the rent. The woman who has custody is
maintained in the marital home until the execution by the father of the judicial
decision relating to housing.
161.The father shall provide for the maintenance of his child unless he has no assets.
For children, males, maintenance is due up to their majority, for girls up to the
consummation of marriage. The father remains subject to this requirement if the child
is physically or mentally disabled or is attending school. This obligation ceases when
the child becomes able to support himself/herself.
h) Adoption and periodic evaluation of childcare (article 24 of the ACRWC)
162.As part of the care of children deprived of a family, in addition to institutional
care, the state has implemented a series of measures and provisions, which focus
primarily on foster care of the child.
163.Foster care paid: consists of giving a person or a family, one or more children
without families under state supervision, subject to payment by the State of a monthly
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