Abstract

This article analyzes the provision prioritizing the direct custody of children under 36 months old by their mothers, as stipulated in Clause 3, Article 81 of the 2014 Marriage and Family Law, from the perspective of children's rights and gender equality. Based on clarifying the nature of the right to direct child custody after divorce and the developmental characteristics of children under 36 months old, this article points out that this principle is essentially a form of legal presumption based on gender, implicitly considering the mother as the most suitable subject to care for the child in the early stages of life. This article proposes a direction for improving the law towards gender neutrality, prioritizing the best interests of the child through amendments to Clause 3, Article 81 of the 2014 Marriage and Family Law.

Keywords: Child custody rights, children's rights, gender equality, marriage and family law, principles.