in the custody of a female and that, the respondent did not obtain a court permission to continue as his custodial. The court issued a judgment to deliver the child to his custodial mother and reserved his right to raise a case to join his son to his custody before the competent court. This judgment was confirmed by Bahri & East Nile Court of Appeal, as per the judgment issued under No.: ##/191/2015, on: 03/03/2015, hence this objection has been submitted by the advocate Ms. /Iman Altayeb Mohamed Nasir on behalf of the appellant. The reasons included that, section (115) of the Personal Status Act has defined the age of female custody as seven years for a boy and allowed the father to take him after this age as of a right, but paragraph (2) of this section allows the court to give permission to the mother to keep the son under her custody till he reaches the age of puberty, in case the mother has pleaded capability, but if she does not plead capability, the father may take him after reaching this age. The lawyer concluded requesting issuance of to cancel both judgements, the one issued by the Trial Court and that issued by the Court of appeal. We have admitted the objection in form as it was submitted within the legal frame as defined in section (190) of the Civil Procedures Act, and we have asked the respondent to respond to the objection pleading in writing, where she filed her reply insisting on the contested judgment and requested cancellation of the objection, as such, the objection is ready for a decision as to its subject. In subject, and upon perusing the papers and the reasons of objection, I see that the appellant has taken the law in his hands, it is true that the custody age for female custodian continues to seven years for boys and nine years to girls, this does not mean taking the child automatically from the mother and delivering him to the father, as the issue of interest of the child as mentioned in paragraph (2) of section (115) of the Personal Status Act, which the Court must consider. This can not be realized unless within a case either raised by the father or the mother to the Court. The mother does not need to raise such a case as the child is with her and the father has behaved incorrectly by taking the child from the school while