In the name of Allah, The Beneficent, The Merciful The National Supreme Court Department of Personal Status law Cassation Decision/172/2016 Issued by the Bench of the Supreme Court of the Third Cycle of the Personal Status Department, on 17/03/2016 under the Chairmanship of Mr. Al-Tayeb Abdul Ghafoor Abdul Wahab and the membership of the Honorable Judges of the Supreme Court Mrs. Sitanna Abdul Jaleel Mohammed, and Mrs. Fadia Abdulgadir. The appeal papers number 141/S/2015 are filed with the Appeal Court of Northern State – Dongula along with the claim documents number 250/Ghaf/2015 with the Court of Dongula filed under number 8/cassation/2016. Appellant: Abu Baker Mahdi Fathi Respondent: Ablaa Gissm Al-Saeed The Facts The Appeal Court of the Northern State issued ruling number AS SH/141/2015 on which it ruled against the judgement of the Trial Court, that it turn, ruled against the respondent’s right to custody of her daughter and ruled to the dismissal of the claim. On 21/12/2015, Mr. Abdul Rahman Mahmoud Hassan filed an appeal against the said judgment on behalf of the appellant Mr. Abu Baker Mahdi Fathi. The appellant was notified of the contested judgement on 17/12/2015. Therefore, and according to articles 159-190 of the 1983 Civil Procedures Code and its subsequent amendments in 2009, the appeal is accepted in form on which the court based its arguments on the fact that the Appeal Court has erred on its judgment on the case in question, where it mentioned that negligence is presumptive and that care and caution should be applied for the right of the minor since the minor is only two years of age. The appeal petition added that the Appeal Court failed to take into account the nature of the work of the respondent at the hairdresser and that such work is harmful for the minor because her mother takes her to such places and for all that, the appellant requested to revoke the decision of the Appeal Court in favor of the judgment passed on by the Trial Court which ruled to drop the respondent’s right to custody. The Reasoning The Appeal Court of the Northern State, the Muslims’ Personal Status Department issued a valid judgment in accordance with the laws and based on correct interpretation of the facts presented by the appellant regarding dropping the respondent’s right to custody, where the Appeal Court toke under consideration the reasons to drop the mother’s right to custody of the minor and concluded through its appealed judgment that to revoke the judgment of the Court of the First Instance to drop the right of custody of the respondent and the inclusion of the minor to her appellant Father. Custody, according to the definition of jurists/scholars is defined as rearing if the minor and to see to its affairs and wellbeing at a certain age by whoever owns the right from his incest to raise him, whereas article 109 of the Personal Status Act of 1991 stated that custodianship is the upbringing, education and care of the minor, in a way that does not contradict or conflicts with the right of the guardian and the interests of the minor. The appellant failed to prove any form of negligence to be deemed sufficient grounds leading to such a degree of dropping the custody of the minor and that the assessment issues of the degree of damage and negligence are discretional of the Trial Court