🌍 Children, inheritance & global · #201

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 lets the father or mother apply for such an injunction while matrimonial proceedings are pending, or where one parent has custody under an agreement or court order. The court can also give leave to take the child abroad with conditions. Section 87(2)(e) lets a custody order prohibit the person given custody from taking the child out of Malaysia. Failure to comply with an order under s.105 is punishable as contempt of court. If the risk is immediate, act quickly and bring evidence. See the Syariah Court directory.

Sources

Act 303, s.105Act 303, s.87

← PreviousAfter divorce I want to move back to my home town with my child. Does this affect my right of hadhanah?Next →The children live with my former wife. What are my rights to see them?

Related questions

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…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…My husband is polygamous and we live in separate homes. Does his rota affect who looks after the children?No; the rota is the wife’s right, while custody and maintenance are the child’s rights. While the marriage continues,…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…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…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer