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🌍 Children, inheritance & global · #202

The children live with my former wife. What are my rights to see them?

A custody order can give the parent without custody the right to meet and visit the children. Act 303 s.87(2)(c) and (d) let a custody order provide for the child to visit the parent who was not given custody, or give that parent a right of access to the child, at times and with frequency the court considers reasonable. Relatives of a parent who has died can also be given that right. If there is no order, try to agree a written schedule together. If visits are blocked without reason, apply for an order or a variation in court. Keep paying child maintenance even if there is a dispute over visits; the two are separate. See Child maintenance.

Sources

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Related questions

After divorce I want to move back to my home town with my child. Does this affect my right of hadhanah?Moving to your own birthplace is allowed by law. Act 303 s.83(c) says a woman’s right of hadhanah is lost…I have custody of the children and want to move or travel abroad with them. Do I need my former husband's permission?For a temporary trip, get your former husband’s written consent as a safeguard; to move permanently, seek the court’s…I am afraid my former husband will take our child abroad without consent. What protection is there?The Syariah court can issue an injunction preventing a child from being taken out of Malaysia. Act 303 s.105…If I remarry, do I automatically lose the right to look after my children?Not automatically. Act 303 s.83(a) says a woman’s right of hadhanah is lost if she marries a man not related to the…My child is in my custody, but my former husband says he makes the school decisions. Who is right?Both have a role: hadhanah is day-to-day care, guardianship is authority over the child’s person and property. Act 303…My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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