The family law approved in 2013 defines the issue of refusing to perform duties related to custody as a criminal offense. The term "refusal to perform prescribed tasks" in relation to custody has three basic forms, the processing of which is the main topic of this article. First, the meaning of abstinence is to completely leave the custody and abandon the child. While what usually and often happens in practice is negligence in custody or incomplete performance of duties related to custody, therefore, the legislator should use a more comprehensive and comprehensive term negligence in custody, which includes the refusal of custody by analogy with priority.

In general, the induction in the laws shows that the lawmaker's criminal policy in the matter of custody is to separate some important cases and criminalize them with different punishments in the Islamic Penal Code and the special child protection law, and in the next step, with general criminalization in the family law. In parallel with the guarantee of legal enforcement, by adopting a repressive approach, he has benefited from the 8th degree monetary penalty, which not only does not fit the nature of custody, but also does not create a favorable deterrent due to the selection criterion, therefore, it is necessary for the legislator to amend the law to be more efficient than the punishment. and social use.