A healthy life of an individual during childhood is shaped by interactions with family members, especially the mother. However, some children are forced to be away from their family, or spend part of their childhood in prison with their criminal mother due to the circumstances of their father or mother.Keeping a child with a mother in prison is a complex issue, and it is very difficult to judge whether being in prison is in the best interest of the child. However, to reduce the existing harms in these circumstances, laws and regulations have been established at both the international and domestic levels. In this research, while examining domestic laws and regulations and comparing them with international instruments, especially the strategies of the Council of Europe, it turned out that domestic laws and regulations pay less attention to the rights of children of imprisoned parents and there are no specific regulations or guidelines to address the needs of these children and the way for them to communicate with their parents in prison. Moreover, statistics or real facts about children and imprisoned mothers in Iranian prisons have not been announced or made available by official authorities. International instruments, particularly those pertaining to European rights instruments, such as the European Convention on Human Rights and the strategy of the Council of Europe's Committee of Ministers regarding children of imprisoned parents, have specifically addressed the rights of this group of children. The strategy of the Council of Europe's Committee of Ministers emphasizes determination of alternative punishments, replacement of long and severe sentences with shorter ones, respecting visitation rights, providing play and educational spaces, establishing kindergartens, the right to appropriate nutrition, and separation of children based on their best interests in laws and judicial practice in national courts and international tribunals.